ATTORNEYS FEES AWARDED TO A PREVAILING PARTY WERE DETERMINED TO NOT BE SUPPLEMENTAL PAYMENTS UNDER A LIABILITY POLICY ACCORDING TO A MASSACHUSETTS APPELLATE COURT

In Styller v. National Fire & Marine Ins. Co., 95 Mass. App. Ct. 538, 128 N.E.3d 612 (2019) the Massachusetts Courts of Appeals held that a prevailing party’s attorneys’ fees did not constitute “costs taxed” against the insured within the meaning of the liability policy’s supplemental payment provision. The Court held that attorneys fees were a separate category of expense from costs when used in a technical sense.