Evans v. Provident Life & Accident Insurance

I dissent from syllabus ¶ 10 and the corresponding portion of the majority opinion. I concur in the result reached by the remainder of the opinion.

*268My dissent relates to the interpretation extended to K.S.A. 40-256 and attorney fees on appeal under the facts of this case. The Court of Appeals remanded with directions to award post-judgment interest and, under K.S.A. 40-256, reasonable attorney fees for appellate work. I agree with the unanimous panel of the Court of Appeals.

The majority opinion has established a post-appeal travel schedule for the parties. The first stop is at the district…