Berry v. Federal Kemper Insurance Co.

PREWITT, Judge.

Plaintiffs sought recovery on an insurance policy for fire damage to a dwelling house and contents. A jury verdict was rendered in their favor for $60,000 for damage to the house and contents, $12,960 interest and $7,500 for attorney fees because of vexatious delay. Judgment was entered in accordance with the verdict. Defendant presents eight points for review. We find point seven in defendant’s favor but also consider the remaining points as they could affect the manner of our reversal or arise again on retrial.

Defendant’s first point contends that the trial court erred in…