40-908.
Attorney fees in certain actions.
That in all actions now pending, or hereafter commenced in which judgment is rendered against any insurance company on any policy given to insure any property in this state against loss by fire, tornado, lightning or hail, 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 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. 1927, ch. 231, 40-908; L. 1929, ch. 199, § 1; L. 1967, ch. 257, § 2; July 1.
Notes of Decisions
Bussman v. Safeco Ins. Co. of Am., 317 P.3d 70 (Kan. 2014).
· cites it 74× “40-256 and K.S.A. 40-908. Bussman appealed and Safeco cross-appealed to the Court of Appeals.”
Snider v. Am. Fam. Mut. Ins. Co., 298 F.3d 1120 (Kan. 2013).
· cites it 21× “In the district court proceeding on remand, Snider requested and received attorney fees related to both the district court and the appellate proceedings based on the authority of K.S.A. 40-908, a prevailing party attorney fee statute.”
Hamilton v. State Farm Fire & Cas. Co., 953 P.2d 1027 (Kan. 1998).
· cites it 17× “The trial court granted Hamilton prejudgment interest but denied attorney fees, concluding that fees may be awarded under K.S.A. 40-908 only when the loss is caused by fire, tornado, lightning, or hail.”
Lee Builders, Inc. v. Farm Bureau Mut. Ins., 137 P.3d 486 (Kan. 2006).
· cites it 15× “Did the district court err in awarding attorney fees pursuant to K.S.A. 40-908? No. Accordingly, we affirm the Court of Appeals, including its remand to the district court to determine the amount of the covered claim.”
Lee Builders, Inc. v. Farm Bureau Mut. Ins., 104 P.3d 997 (Kan. Ct. App. 2005).
· cites it 16× “16-201 and attorney fees under K.S.A. 40-908. We affirm in part and reverse in part, concluding that the policy provided coverage for a portion of Builders’ claim, but we remand for further proceedings to determine the amount of the covered claim.”
Great Plains Ventures, Inc. v. Liberty Mut. Fire Ins., 161 F. Supp. 3d 970 (D. Kan. 2016).
· cites it 14× “Attorneys’ Fees Plaintiff also argues that it is entitled to summary judgment on the issue of attorneys’ fees under K.S.A. § 40-908. K.S.A. § 40-908 provides: That in all actions now pending, or hereafter commenced in which judgment is rendered against any insurance company on…”
Snider v. Am. Fam. Mut. Ins., 244 P.3d 1281 (Kan. Ct. App. 2011).
· cites it 11× “In addition, this court agreed with Snider’s argument that he was entitled to attorney fees under K.S.A. 40-908 and remanded the case for a determination of attorney fees to be awarded to Snider under K.”
Gruber v. Est. of Marshall, 482 P.3d 612 (Kan. Ct. App. 2021).
· cites it 10× “An award of reasonable attorney fees is allowed under K.S.A. 40-908 if the judgment is rendered against any insurance company on any policy given to insure any property in this state against loss by fire, tornado, lightning, or hail.”
Nungesser v. Bryant, 153 P.3d 1277 (Kan. 2007).
· cites it 2× “40-256 and K.S.A. 40-908. A review of the relevant factual and procedural chronology is required for our analysis.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.