Section 31 Claim for Attorney Fees Must Be Supported by Evidence

• Library: Damages 2012

In a jury case, to recover attorney fees under a claim for vexatious refusal to pay, there must be evidence of the value of the attorney’s services. See:

· Dildine v. Frichtel, 890 S.W.2d 683, 687 (Mo. App. E.D. 1994)

· City of Aurora v. Firemen’s Fund Ins. Co., 165 S.W. 357, 362 (Mo. App. S.D. 1914)

· John v. Aetna Life Ins. Co. of Hartford, Conn., 100 S.W.2d 936, 942 (Mo. App. W.D. 1936)

The insured has the burden to prove the reasonable value of the attorney fees because jurors are not considered experts on attorney fees. Hester v. Am. Family Mut. Ins. Co., 733 S.W.2d 1, 3 (Mo. App. E.D. 1987). Evidence of the extent of services rendered has been held admissible...