American Equity Ins. Co. v. Browne George Ross, LLP CA2/3

facts are actually true will be a matter for the trial court to determine on remand. 2 The Nowzari action is not at issue in this appeal. It is mentioned only for its relationship to a theory of relief AEIC no longer pursues.

3 Attorney Sirias moved her practice to Lewis Brisbois Bisgaard & Smith (Lewis

Brisbois), which took on the defense of Sargon. Eventually, Lewis Brisbois was

substituted in for Attorney Bloom in the prosecution of Sargon‘s action against USC.

AEIC paid the defense-related billings of both Heenan Blaikie and Lewis Brisbois until

such time as USC no longer pursued causes of action potentially covered by AEIC‘s

policy.

In March 2003, Sargon obtained a verdict in its favor on its breach of contract

claim against USC and USC‘s breach of contract claim against it. As the prevailing

party on the contract,5 Sargon was entitled to its attorney fees. In July 2005, Sargon

moved for its attorney fees in the amount of $1,840,520. These included fees billed by

Heenan Blaikie, Attorney Bloom, and Lewis Brisbois – for both prosecuting Sargon‘s

claim against USC and defending USC‘s claim against Sargon. In May 2006, the trial

court awarded Sargon its…