Section 6 Elements of Vexatious Refusal

LibraryDamages 2012

To recover under the vexatious penalty statutes, the insured must satisfy the following elements:

· An insurance policy

· The insurer’s refusal to pay

· That the insurer’s refusal was without reasonable cause or excuse

Dhyne v. State Farm Fire & Cas. Co., 188 S.W.3d 454, 456–57 (Mo. banc 2006); see also MAI 10.08 [1991 New]. Under § 375.296, RSMo 2000, the plaintiff must additionally show that the insurer failed or...

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