40-2004.
Attorney fees.
In any action in which any judgment is rendered against an unauthorized, foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if it appears from the evidence that such insurer has refused to pay such loss, the court in rendering such judgment shall allow the plaintiff a reasonable sum as an attorney's fee to be recovered and collected as part of its costs: Provided, however, That when a tender is made by such insurer before the commencement of the action in which judgment is rendered and the amount recovered is not in excess of such tender, no such costs shall be allowed.
History:
L. 1949, ch. 283, § 4; June 30.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1984–2025 · leading case:
Nicklin v. Harper, 860 P.2d 31 (Kan. Ct. App. 1993).
Nicklin v. Harper, 860 P.2d 31 (Kan. Ct. App. 1993).
· cites it 9× “Hartford also appeals the trial court’s award of attorney fees to Nicklin under K.S.A. 40-2004. Nicklin was granted a default judgment of $10,000 plus interest and costs against Harper for the sale of her 1986 Lincoln Town Car for $10,000, which was not remitted to Nicklin.”
Farmco, Inc. v. Explosive Specialists, Inc., 684 P.2d 436 (Kan. Ct. App. 1984).
· cites it 3× “40-256 and K.S.A. 40-2004. The insurance carriers appeal generally, arguing that 40-256 and 40-2004 do not apply to a garnishment action and that the trial court erred by awarding attorney fees based solely on a contingency fee contract between plaintiff and its counsel.”
In re Berry v. DeWald garnishment (D. Kan. 2025).
· cites it 2× “Plaintiff also references K.S.A. § 40-2004, which provides for an award of fees if judgment is rendered against an unauthorized foreign insurer, but because the litigation is ongoing, consideration of fees under that statute would be premature.”
Youell v. Grimes, 168 F. Supp. 2d 1233 (D. Kan. 2001).
“Joinder is also necessary if Defendants are to recover their attorney fees, which are available under K.S.A. 40-2004. If Plaintiff John Richard Ludbrooke Youell is the only named Counterclaim Defendant, Defendants may recover only against him, and then, only for his share of the…”
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