Snider v. American Family Mutual Insurance

Green, J.:

Eugene Wayne Snider, d/b/a West Heating & Cooling, (Snider) appeals from the trial court’s judgment awarding Snider $5,000 in attorney fees in its lawsuit against American Family Mutual Insurance, Co. (American Family). Snider argues that the trial court abused its discretion in awarding attorney fees. We agree. The trial court in this case failed to adequately consider the factors under Supreme Court Rule 1.5(a) (2010 Kan. Ct. R. Annot. 458) and instead entered an award of attorney fees in the exact amount of Snider’s recovery under the policy. Moreover, it is apparent that tire…