490 or acted arbitrarily, vexatiously or not in good faith. If the court finds either fact present, the court then has discretion to award attorney and expert fees and expenses in some amount. Security State Bank, 554 N.W.2d at 893. Here, the trial court found no “circumstances” that would allow assessment of attorney fees and consequently, it denied the Kellys’ attorney-fee claim. The Kellys contend the court’s refusal to award them their litigation expenses was an abuse of discretion. Before we may consider the trial court’s exercise of its discretion, however, we must decide whether there is any basis to disturb the trial court’s finding that Sieg did not act arbitrarily, vexatiously or in bad faith. If this factual finding is supported by substantial evidence, it is owa 1992) (<HOLDING>), Meyers v. Canutt, 242 Iowa 692, 698, 46
holding that the test for good faith is the actual belief of the party and not the reasonableness of that belief holding that a party must at least have a subjective belief that litigation was a real possibility and that belief must have been objectively reasonable holding term good faith in iowa code section 23272 rests on a defendants subjective honest belief holding that determining what care is reasonable under iowa code section 8527 is a question of fact holding that a plaintiff must show that a defendant did not have an honest good faith belief in marking its products