Anderson v. Nationwide Life Insurance

Swinehart, J.:

This is an appeal from a decision of the District Court of Lyon County sustaining the plaintiff’s motion for summary judgment and entering judgment in favor of plaintiff for $50,000, for attorney fees under K.S.A. 40-256, and for costs.

Two issues are raised on appeal: (1) whether the trial court erroneously granted summary judgment in favor of the plaintiff, and (2) whether the trial court abused its discretion by awarding the plaintiff attorney fees pursuant to K.S.A. 40-256.

Plaintiff, Verla Faye Anderson, and decedent, William V. Anderson, were legally married at the time of…