40-256. Attorney fees in actions on insurance policies; exception. - Kansas Statutes

40-256

Chapter 40.--INSURANCE Article 2.--GENERAL PROVISIONS

      40-256.   Attorney fees in actions on insurance policies; exception.That in all actions hereafter commenced, in which judgment is renderedagainst any insurance company as defined in K.S.A. 40-201, and including inaddition thereto any fraternal benefit society and any reciprocal orinterinsurance exchange on any policy or certificate of any type or kind ofinsurance, if it appear from the evidence that such company, society orexchange has refused without just cause or excuse to pay the full amount ofsuch loss, the court in rendering such judgment shall allow the plaintiff areasonable sum as an attorney's fee for services in such action, includingproceeding upon appeal, to be recovered and collected as a part of thecosts: Provided, however, That when a tender is made by such insurancecompany, society or exchange before the commencement of the action in whichjudgment is rendered and the amount recovered is not in excess of suchtender no such costs shall be allowed.

      History:   L. 1931, ch. 212, § 1; L. 1957, ch. 276, § 1; L. 1967, ch. 257, § 1;L. 1972, ch. 175, § 1; July 1.