375.296. Additional damages for vexatious refusal to pay.
Additional damages for vexatious refusal to pay.
375.296. In any action, suit or other proceeding institutedagainst any insurance company, association or other insurer uponany contract of insurance issued or delivered in this state to aresident of this state, or to a corporation incorporated in orauthorized to do business in this state, if the insurer hasfailed or refused for a period of thirty days after due demandtherefor prior to the institution of the action, suit orproceeding, to make payment under and in accordance with theterms and provisions of the contract of insurance, and it shallappear from the evidence that the refusal was vexatious andwithout reasonable cause, the court or jury may, in addition tothe amount due under the provisions of the contract of insuranceand interest thereon, allow the plaintiff damages for vexatiousrefusal to pay and attorney's fees as provided in section375.420. Failure of an insurer to appear and defend any action,suit or other proceeding shall be deemed prima facie evidencethat its failure to make payment was vexatious without reasonablecause.
(L. 1951 p. 276 § 375.168, A.L. 1967 p. 516)(1956) This section has no application to a company authorized to do business in this state. Willis v. American National Life Ins. Co. (A.), 287 S.W.2d 98.
(1973) Statute of limitations defense is an "open question of law" and refusal to pay could not, to a legal certainty, be considered vexatious. Crenshaw v. Great Central Insurance Co. (C.A.Mo.), 482 F.2d 1255.
(1986) Actions under sections 375.296, 375.420 and 376.620, RSMo, against a self-insured welfare benefit trust held to have been preempted by provisions of the Employee Retirement Income Security Act of 1974, section 1144 of title 29, United States Code. Hoeflicker v. Central States, Etc., Health & Welfare, 644 F.Supp. 195 (W.D.Mo.).