After this adjustment, the verdict is considered more favorable to a defendant if it is more than 10 percent below the evaluation, and is considered more favorable to the plaintiff if it is more than 10 percent above the evaluation. If the evaluation was zero, a verdict finding that a defendant is not liable to the plaintiff shall be deemed more favorable to the defendant. However, costs may not be imposed on a plaintiff who obtains an aggregate verdict more favorable to the plaintiff than the aggregate evaluation . Plaintiffs are liable to the insurance agents for mediation sanctions because their aggregate settlement amount is in fact less than the aggregate mediation evaluation. The settlement did not provide for any costs, and apparently included any interest to be awarded plaintiffs.
Plaintiffs owe the agents actual costs as sanctions for rejecting mediation.
The agents also assert that the trial court erred by refusing to award costs and fees from the insurance companies as a penalty for raising a frivolous defense. Attorney fees may generally be awarded as taxable costs only where specifically authorized by statute or court rule. The party's primary purpose in initiating the action or asserting the defense was to harass, embarrass, or injure the prevailing party. The party had no reason to believe that the facts underlying that party's legal position were in fact true. The party's legal position was devoid of arguable legal merit.