Section 25 Basis for Awarding Attorney Fees

• Library: Damages 2012

For there to be a recovery of attorney fees, the evidence must be sufficient to support an award for vexatious refusal to pay. The mere fact that the claim on the policy results in a verdict against the insurer does not entitle the insured to attorney fees under § 375.420, RSMo 2000, or § 375.296, RSMo 2000; see also Frisella v. Reserve Life Ins. Co. of Dallas, Tex., 583 S.W.2d 728, 735 (Mo. App. E.D. 1979) (abrogated by rule on other grounds).

In Russell v. Farmers & Merchants Insurance Co., 834 S.W.2d 209...