Allen v. State Farm Mutual Automobile Insurance Co.

This is an action by insureds on an automobile insurance policy to recover for losses resulting from the theft of a covered vehicle. In addition to actual damages and interest, plaintiffs sought a penalty and attorney fees because of defendant’s alleged vexatious refusal to pay their claim. §§ 375.296 and 375.420, RSMo 1986. The jury awarded plaintiffs $1,000 actual damages; $90 interest; $200 as a penalty; and $4,550 in attorney fees. The trial court sustained defendant’s motion for judgment notwithstanding the verdict on the claims for the penalty and attorney fees. 1 Plaintiffs appeal; we…