Moore v. St. Paul Fire Mercury Insurance

The opinion of the court was delivered by

Lockett, J.:

The district court held that where the insurer and its insured settled all issues except the amount of attorney fees to be awarded to the insured pursuant to K.S.A. 40-256, the statute also provides for additional attorney fees to be awarded to the insured for litigating that issue. The insurer appealed. The Court of Appeals, after finding the amount of attorney fees awarded by the district court were reasonable, then determined that the fees in curred by the insured for litigating only the amount of attorney fees to be awarded under the…