Section 30 Limitations on Recovery of Attorney Fees

• Library: Damages 2012

Because the basis for allowing attorney fees in connection with a claim against an insurance company is to facilitate recovery of the amount owed under the policy without diminution because of expenses incurred in achieving that result, no attorney fees are recoverable for services performed after the amount of the coverage is tendered by the insurer, even if the earlier refusal was vexatious. Willis v. Am. Nat’l Life Ins. Co., 287 S.W.2d 98, 106 (Mo. App. S.D. 1956).

Attorney fees may not be recoverable if...