In the area of fee recovery, a claimant must
show fee entitlement, which generally focuses on a precise analysis of the fee clause wording and the claims upon which fees are sought.
The next case
shows how a litigant may convince an appellate court that legal error was committed (de novo review of a
fee entitlement issue), but the battle for reversal is lost for failure to surmount an abuse of discretion issue (failure to apportion
fees between covered and uncovered
fee claims for relief).