Section 29 Attorney Fees Under Vexatious Penalty Statutes in Connection With Declaratory Judgment Actions by Insurer

• Library: Damages 2012

A reading of § 375.420, RSMo 2000, indicates that for the statute to be applicable, it must involve an “action against any insurance company to recover the amount of any loss.” Accordingly, attorney fees are not recoverable under § 375.420 in connection with a declaratory judgment action filed by the insurer to determine whether there was coverage. Hawkeye-Sec. Ins. Co. v. Davis, 277 F.2d 765, 771–72 (8^th Cir. 1960). This general rule was recognized in City of New York Ins. Co. v. Stephens, 248 S.W.2d 648...