Rice v. Farmers & Merchants Insurance Co.

PREWITT, Judge.

Plaintiff sought recovery upon the collision property damage provisions of an automobile insurance policy, and vexatious damages for refusal to pay. Following nonjury trial, judgment was entered in favor of plaintiff for $19,450 but denying her claim for vexatious damages and attorneys fees. Both parties appeal.

Review is under Rule 73.01(c). Under that rule, we are to affirm the judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or erroneously applies the law. Robertson v. Clark Bros.…