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HAMILTON v. STATE FARM FIRE & CAS. CO.

No. 76,573.

263 Kan. 875 (1998)

953 P.2d 1027

TIMOTHY D. HAMILTON, Appellant/Cross-Appellee, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed January 30, 1998.

Attorney(s) appearing for the Case

Donald T. Taylor, of Robb, Taylor & O'Connor, of Kansas City, argued the cause and was on the briefs for appellant/cross-appellee.

Gerald A. King, of Armstrong, Teasdale, Schlafly & Davis, of Kansas City, Missouri, argued the cause and was on the brief for appellee/cross-appellant.

The opinion of the court was delivered by

DAVIS, J.:

Timothy D. Hamilton submitted a claim under his homeowner's policy for the collapse of a basement wall. State Farm 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...

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