Salt City Business College, Inc. v. Ohio Casualty Insurance

Abbott, J.:

This is an appeal from the denial of a post-judgment motion for attorney fees pursuant to K.S.A. 40-256. The actual loss to plaintiffs has been paid as a result of the acceptance of defendants’ joint offer to confess judgment. The facts are simple and are basically undisputed. The insureds discovered structural damage to their building in January of 1975. They ultimately filed suit against three insurance carriers that had provided coverage during the 1971 to 1975 period, alleging the damage had occurred in either 1971 or 1975. Ohiq Casualty Insurance Company provided coverage from…