40-256.
Attorney fees in actions on insurance policies; exception.
That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in K.S.A.
40-201, and including in addition thereto any fraternal benefit society and any reciprocal or interinsurance exchange on any policy or certificate of any type or kind of insurance, if it appear from the evidence that such company, society or exchange has refused without just cause or excuse to pay the full amount of such loss, the court in rendering such judgment shall allow the plaintiff a reasonable sum as an attorney's fee for services in such action, including proceeding upon appeal, to be recovered and collected as a part of the costs: Provided, however, That when a tender is made by such insurance company, society or exchange 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. 1931, ch. 212, § 1; L. 1957, ch. 276, § 1; L. 1967, ch. 257, § 1; L. 1972, ch. 175, § 1; July 1.
Notes of Decisions
Johnson v. Westhoff Sand Co., 135 P.3d 1127 (Kan. 2006).
· cites it 31× “: This case involves a dispute over the amount of attorney fees and expenses assessed against an insurance company under K.S.A. 40-256. The district court’s assessment’against Mid-Continent Casualty Company (Mid-Continent) in the underlying garnishment action was based in part…”
Evans v. Provident Life & Accident Ins., 815 P.2d 550 (Kan. 1991).
· cites it 32× “"A K.S.A. 40-256 motion or request for attorney fees is not a part of the merits of the underlying action, even though alleged in the petition, because attorney fees are not part of the compensation for a plaintiff's injury.”
Bussman v. Safeco Ins. Co. of Am., 317 P.3d 70 (Kan. 2014).
· cites it 13× “The district court also denied Bussman’s motion for attorney fees under K.SA. 40-256 and K.S.A. 40-908. Bussman appealed and Safeco cross-appealed to the Court of Appeals.”
Wiles v. Am. Fam. Life Assurance Co., 350 P.3d 1071 (Kan. 2015).
· cites it 9× “However, we part company with the district court regarding its determination that AFLAC’s denial of coverage was without just cause or excuse and reverse that portion of the district court’s judgment awarding attorney fees to Wiles under K.S.A. 40-256. Facts and Procedural…”
Hartford Fire Ins. v. Vita Craft Corp., 911 F. Supp. 2d 1164 (D. Kan. 2012).
· cites it 12× “Vita Craft filed counterclaims asserting that (1) Hartford breached a contractual duty to defend, (2) Hartford acted in bad faith when it initially denied coverage and when it refused to pay the rates charged by defense counsel after it agreed to defend and (3) Vita Craft is…”
Covill v. Phillips, 455 F. Supp. 485 (D. Kan. 1978).
· cites it 32× “57 be taxed as costs in this action under the authority, of K.S.A. § 40-256, which provides as follows: “Attorneys fees in actions on insurance policies; exception.”
Missouri Med. Ins. v. Wong, 676 P.2d 113 (Kan. 1984).
· cites it 14× “The provisions of K.S.A. 40-256 are applicable to declaratory judgment actions such as this.”
Crawford v. Prudential Ins. Co. of Am., 783 P.2d 900 (Kan. 1989).
· cites it 12× “Francis, and Knoble, supra, Defendant had no `just cause or excuse' for denying Plaintiff's claim, and therefore Plaintiff should be awarded attorney fees pursuant to K.S.A. 40-256. *728 "14. That Plaintiff's agreement with his attorneys for a one-third contingent fee is fair…”
Stewart v. Mitchell Transp., 241 F. Supp. 2d 1216 (D. Kan. 2002).
· cites it 10× “Plaintiffs next argue that they are entitled to attorney fees from Defendant Hannover under K.S.A. § 40-256, which provides: Attorney fees in actions on insurance policies; exception.”
Brown v. Combined Ins. Co. of Am., 597 P.2d 1080 (Kan. 1979).
· cites it 9× “: This is an appeal by Edith Brown, plaintiff-ap *225 pellant, from an order of the district court denying her an allowance of attorney fees under K.S.A. 40-256. Plaintiff was successful in the trial court in an action against Combined Insurance Company of America to recover…”
Lee Builders, Inc. v. Farm Bureau Mut. Ins., 137 P.3d 486 (Kan. 2006).
· cites it 5× “92, plus interest and attorney fees under K.S.A. 40-256, 40-908, or both. Lee alleged Farm Bureau breached its duty under the CGL policy to defend or indemnify Lee against Steinberger’s property damage claim and that Farm Bureau’s wrongful refusal caused Lee to mitigate its…”
Snodgrass v. State Farm Mut. Auto. Ins., 789 P.2d 211 (Kan. 1990).
· cites it 10× “" Snodgrass and Hartford alleged in their petition that they were entitled to recover reasonable attorney fees "to be taxed as costs pursuant to K.S.A. 40-256." They moved the trial court "to tax attorney fees pursuant to K.”
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