Can a small claims defendant be awarded costs in any situation ?

[davenewbergr]

He's a nice old man who is very embarrassed about the whole situation and has been very apologetic. I really don't want to cause him any anguish over a bit of stock fence and a few posts. My gripe is that the "agent" has been thoroughly obnoxious with me and dismissed my claim.

You are under a misapprehension if you think it is advisable for an insurer or a broker to tell a third party 'why don't you sue our insured!'
You must grasp this principle: the wrongdoer - even if he is a nice old boy - is the driver. (We call him the 'tortfeasor'.) He is the man from whom you claim damages for replacing your fence (and tree). It's up to him whether he pays you himself - maybe it will be less than his excess? - or whether he claims on his insurance policy. The broker and the insurer are, in the legal phrase, strangers to you. They have no legal obligation to you whatsoever, not to pay you, not to help you. Bear in mind that the insurer and the broker deal with tens or hundreds of such claims. You are just another letter in the in tray.