Hester v. American Family Mutual Insurance Co.

SMITH, Presiding Judge.

Defendant appeals from a judgment based upon a jury verdict on plaintiffs’ claim under their homeowner’s policy for personal property lost in a burglary. The jury awarded the value of the property lost, $300 damages for vexatious refusal to pay, attorney’s fees of $5,429.00, and interest on the value of the property lost.

The original policy was issued in 1979. It provided for $15,000.00 coverage for theft of unscheduled personal property. The policy was renewed each year thereafter and was in effect at the time of the burglary in 1982. Plaintiffs lost personal property…