Koch, Administratrix v. Prudential Ins. Co.

The opinion of the court was delivered by

Fatzer, J.:

This is an appeal from an order awarding the appellee-plaintiff an attorney’s fee pursuant to K. S. A. 1968 Supp., 40-256. The district court found the appellant-defendant refused without just cause or excuse to pay the full amount of the plaintiff’s loss under a group credit life insurance policy issued to J. I. Case Company. The policy insured eligible debtors in the amount of their debt on installment contracts due the Case Company.

The action on which the award was based was before this court in Koch, Administratrix v. Prudential Ins.…