Farmco, Inc. v. Explosive Specialists

The trial court awarded attorney fees against two insurance carriers in a garnishment action pursuant to K.S.A. 40-256 and K.S.A. 40-2004. The insurance carriers appeal generally, arguing that 40-256 and 40-2004 do not apply to a garnishment action and that the trial court erred by awarding attorney fees based solely on a contingency fee contract between plaintiff and its counsel. The plaintiff is Farmco, Inc., which contracted to have work done requiring the use of explosives. Farmco required its contractor to furnish a certificate of insurance covering any damage to its property as a result of the use of the explosives.