Section 38 Jury Instructions

• Library: Damages 2012

MAI 10.08 [1992 New] provides the following verdict director for vexatious refusal claims:

If you find in favor of plaintiff on the claim on the insurance policy, and if you believe that defendant insurance company [refused to pay] [failed or refused to pay for a period of thirty days after demand] without reasonable cause or excuse, then, in addition to any amount you may award on the insurance policy under Instruction No. ______, you may award plaintiff an additional amount as a penalty not to exceed [twenty percent of the first $1,500.00 of the award on the policy not including interest and ten percent of the remainder of such award] and you may award plaintiff a reasonable sum for attorney’s fees.

The Notes on Use for MAI 10.08 provide that the first bracketed phrase applies to actions under § 375.420, RSMo 2000, the second bracketed phrase applies...