Section 26 Allowance of Attorney Fees Without Award of Other Damages

• Library: Damages 2012

There can be an award of attorney fees under the vexatious penalty statute even though there is not an award of other damages for vexatious refusal to pay. DeWitt v. Am. Family Mut. Ins. Co., 667 S.W.2d 700, 711 (Mo. banc 1984); §§ 375.420 and 375.296,
RSMo 2000; see also Tate v. Golden Rule Ins. Co., 859 S.W.2d 831 (Mo. App. W.D. 1993). The rationale for this rule seems to be that damages or attorney fees under the vexatious penalty statutes are permissive and not mandatory, giving the fact-finder...