Welch v. Western Casualty & Surety Co.

HOGAN, Judge.

In this court-tried action upon an automobile insurance policy, plaintiff has had judgment in the amount of $10,000 with interest at the rate of eight (8%) percent from July 27, 1976. 1 In addition, the trial court has allowed plaintiff damages in the sum of $1,000 and an attorney’s fee in the amount of $3,333 under the provisions of the vexatious delay statute, § 375.420, RSMo Supp.1975. Defendant appeals.

The case involves physical damage to a 1970 International dump truck owned by the plaintiff and insured by the defendant under a “fleet schedule.” The insured vehicle was…