Glickman, Inc. v. Home Insurance Co

STEPHEN H. ANDERSON, Circuit Judge.

Glickman, Inc. appeals from a denial of attorney’s fees under Kan. Stat. Ann. § 40-256, in this insurance coverage diversity ease. This appeal calls upon us to interpret § 256. That statute punishes insurance companies that refuse, without just cause or excuse, to pay the full amount of an insured loss, by requiring them to pay the plaintiff’s attorney’s fees incurred in a coverage action against the insurer. As pertinent, § 256 provides:

Attorney fees in actions on insurance policies; exception. That, in all actions hereafter commenced, in which judgment is…