Hephner v. Traders Insurance

The opinion of the court was delivered by

Abbott, J.:

The issues in this appeal are what must be proved to recover “substitution benefits” under an automobile insurance policy and whether attorney fees should be paid by the insurance cari'ier.

The trial court held the minor child did not have to prove an “actual economic loss or any incurred expense” to receive “substitution benefits” under the policy. The Court of Appeals reversed the trial court’s decision in 18 Kan. App. 2d 344, 852 P.2d 520 (1993). The Court of Appeals held a plaintiff must prove actual economic loss in order to recover for…