Austin v. Allstate Insurance

Alexis R. Austin appeals from an order taxing costs following a judgment entered in her favor on an arbitration award against respondent, Allstate Insurance Company. The court ruled that the only item appellant could recover against respondent was the $14 fee for filing her petition to confirm the arbitration award.

Appellant had an automobile insurance policy issued by respondent. The policy included uninsured and underinsured coverage. Appellant was later injured when rear-ended by another motorist, identified in the record as “Volkenant.” Volkenant’s liability insurer paid the policy limit, but that was not enough to compensate appellant for all of her injuries. Appellant filed a claim with respondent under her underinsured motorist coverage. When respondent refused her claim, appellant filed a demand for arbitration. Following the arbitration hearing, appellant was awarded $10,000 as general damages plus $1,213 for medical expenses, for a total award of $11,213. The superior court confirmed the arbitrator’s award and judgment was entered.

Appellant then filed her memorandum of costs. She claimed $3,156.65, consisting of a $2,200 expert witness fee, $418.35 for…