Missouri Revised Statutes













Chapter 375

Provisions Applicable to All Insurance Companies

←375.291

Section 375.296.1

375.298→

August 28, 2015

Additional damages for vexatious refusal to pay.

375.296. In any action, suit or other proceeding instituted against any

insurance company, association or other insurer upon any contract of

insurance issued or delivered in this state to a resident of this state, or

to a corporation incorporated in or authorized to do business in this state,

if the insurer has failed or refused for a period of thirty days after due

demand therefor prior to the institution of the action, suit or proceeding, to

make payment under and in accordance with the terms and provisions of the

contract of insurance, and it shall appear from the evidence that the refusal

was vexatious and without reasonable cause, the court or jury may, in

addition to the amount due under the provisions of the contract of insurance

and interest thereon, allow the plaintiff damages for vexatious refusal to pay

and attorney's fees as provided in section 375.420. Failure of an insurer to

appear and defend any action, suit or other proceeding shall be deemed prima

facie evidence that its failure to make payment was vexatious without

reasonable cause.



(L. 1951 p. 276 § 375.168, A.L. 1967 p. 516)







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