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GLICKMAN, INC. v. HOME INS. CO.

No. 95-3221.

86 F.3d 997 (1996)

GLICKMAN, INC., Plaintiff-Appellant, v. The HOME INSURANCE COMPANY, Defendant-Appellee, Kansas Insurance Department, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 17, 1996.

Attorney(s) appearing for the Case

Jerold Oshinsky, Anderson, Kill, Olick & Oshinsky, Washington, DC (Robert L. Carter, Anderson, Kill, Olick & Oshinsky, Washington, DC; and Jeff Kennedy and Michael G. Jones, Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., Wichita, Kansas, with him on the briefs), for Plaintiff-Appellant.

Alan K. Goldstein, Goldstein and Price, L.C., St. Louis, Missouri (Douglas E. Gossow, Goldstein and Price, L.C., St. Louis, Missouri; and Joseph W. Kennedy, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kansas, with him on the brief), for Defendant-Appellee.

Brian J. Moline, General Counsel, Special Assistant Attorney General, and Kathleen Sebelius, Commissioner of Insurance, Kansas Insurance Department, Topeka, Kansas, filed an amicus curiae brief for the Kansas Insurance Department.

Before PORFILIO, ANDERSON, and TACHA, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Glickman, Inc. appeals from a denial of attorney's fees under Kan. Stat. Ann. § 40-256, in this insurance coverage diversity case. This appeal calls upon us to interpret § 256. That statute punishes insurance companies that refuse, without just cause or excuse, to pay the full amount of an insured loss, by requiring them to pay the plaintiff's attorney's fees incurred in a coverage action against the insurer. As pertinent...

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