Section 1 Introduction: Purpose and Scope

• Library: Damages 2012

The purpose of this chapter is to explore the remedy known as “vexatious penalties,” as set forth in §§ 375.420, 375.296, and 354.335, RSMo 2000. Section 375.420 entitles an insured to recover damages against an insurer when the insurer refuses to pay a loss without reasonable cause or excuse. Section 375.296 allows a jury or the court to award damages for vexatious refusal and attorney fees under § 375.420. Section 354.335 provides for damages if a corporation refuses to pay a loss under a health insurance...