Container Supply Co. v. Fireman's Fund Insurance

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

On May 9, 1989, 712 F.Supp. 871, the court issued a Memorandum and Order granting plaintiff’s motion for summary judgment and directing the parties to file briefs concerning plaintiff’s damages. Plaintiff requests $12,781.16 in damages, which sum represents the amount plaintiff expended in defending itself in a Texas lawsuit. Plaintiff additionally requests $14,292.46 pursuant to K.S.A. 40-256 for defendant’s failure, without just cause or excuse, to defend it in the Texas lawsuit. The $14,292.46 represents expenses and fees plaintiff incurred…