Snider v. American Family Mutual Insurance Co.

I respectfully dissent from the majority’s conclusion that Snider’s failure to follow the procedural requirements for recovering appellate attorney fees bars his recovery for such fees. First, I would find that because American Family failed to raise this issue either in the trial court on remand of Snider v. American Family Mut. Ins. Co., No. 101,202, 2009 WL 2902588 (Kan. App. 2009) (unpublished opinion) (Snider I), or in a cross-appeal to the Court of Appeals in Snider v. American Family Mut. Ins. Co., 45 Kan. App. 2d 196, 244 P.3d 1281 (2011) (Snider II), this issue was not properly…