Hensley v. Shelter Mutual Insurance Co.

GARY W. LYNCH, Judge.

Shelter Mutual Insurance Company (“Shelter”) appeals the judgment entered by the trial court upon a jury verdict in favor of Respondent Jonathan Hensley (“Jonathan”) 1 for penalty and attorney fees pursuant to § 375.420, 2 commonly referred to as the vexatious refusal to pay statute. Shelter asserts that Jonathan failed to make a submissible case to support such an award. Shelter also claims trial court error in its failure to apply sums deposited by Shelter into the court’s registry to the damage instruction submitted to the jury and in the judgment entered after the…