Hamilton v. State Farm Fire & Cas. Co.
263 Kan. 875, 953 P.2d 1027, KS.0042037(1998)
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Publisher Description
The opinion of the court was delivered by Timothy D. Hamilton submitted a claim under his homeowner's policy for the collapse of a basement wall. State Farm [263 Kan. 876] 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.