40-908. Attorney fees in certain actions.

40-908

Chapter 40.--INSURANCE
Article 9.--GENERAL PROVISIONS RELATING TO FIRE INSURANCE COMPANIES

      40-908.   Attorney fees in certain actions.That in all actions now pending, or hereafter commenced in whichjudgment is rendered against any insurance company on any policy given toinsure any property in this state against loss by fire, tornado, lightningor hail, the court in rendering such judgment shall allow the plaintiff areasonable sum as an attorney's fee for services in such action includingproceeding upon appeal to be recovered and collected as a part of thecosts: Provided, however, That when a tender is made by such insurancecompany before the commencement of the action in which judgment is renderedand the amount recovered is not in excess of such tender no such costsshall be allowed.

      History:   L. 1927, ch. 231, 40-908; L. 1929, ch. 199, § 1; L. 1967, ch. 257, §2; July 1.