Hamilton v. State Farm Fire & Casualty Co.

The opinion of the court was delivered by

Davis, J.:

Timothy D. Hamilton submitted a claim under his homeowner’s policy for the collapse of a basement wall. State Farm Fire and Casualty Company (State Farm) denied coverage. The jury awarded Hamilton $4,750, the cost of repairs. The trial court granted Hamilton prejudgment interest but denied attorney fees, concluding that fees may be awarded under K.S.A. 40-908 only when the loss is caused by fire, tornado, lightning, or hail. We reverse and remand for a determination of reasonable fees. We also affirm the award of prejudgment interest.

Hamilton…