Section 33 Consequential Damages

LibraryDamages 2012

It has been held that consequential damages are not properly recoverable as a part of vexatious penalties. Thus, replevin costs incurred by the insured in recovering the insured’s vehicle from a body shop because the insurer failed to pay under its collision coverage, as well as lost wages, are not recoverable as a part of vexatious penalties. Bassett v. Fed. Kemper Ins. Co., 565 S.W.2d 823, 826–27 (Mo. App. W.D. 1978).

Attorney fees and expenses in collecting the insurance coverage may be recovered. See §§1...

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