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SLOAN v. EMPLOYERS CASUALTY INS. CO.

No. 47,230

214 Kan. 443 (1974)

521 P.2d 249

MARCUS R. SLOAN, Appellee, v. EMPLOYERS CASUALTY INSURANCE COMPANY, Dallas, Texas, Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Richard I. Stephenson, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Donald R. Newkirk, of the same firm, was with him on the brief for the appellant.

John C. Frank, of Wichita, argued the cause, and Robert L. Nicklin and Raymond W. Baker, also of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

The issue in this case is whether an insurance company refused to pay its policy holder's loss without just cause or excuse, so as to render it liable for attorney fees under K.S.A. 40-256.

The claimed loss consisted of damage to the plaintiff's pickup truck, medical expenses, and personal injuries, all incurred in a collision with an uninsured motorist. The claim was made under

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