§ 27-16-13 - Attorney fees.
SECTION 27-16-13
§ 27-16-13 Attorney fees. – In any action against an unauthorized foreign or alien insurer upon a contractof insurance issued or delivered in this state to a resident of this state orto a corporation authorized to do business in this state, if the insurer hasfailed for thirty (30) days after demand prior to the commencement of theaction to make payment in accordance with the terms of the contract, and itappears to the court that the refusal was vexatious and without reasonablecause, the court may allow to the plaintiff a reasonable attorney fee andinclude the fee in any judgment that may be rendered in the action. The feeshall not exceed twelve and one-half percent ( 12.5%) of the amount which thecourt or jury finds the plaintiff is entitled to recover against the insurer,but in no event shall the fee be less than twenty-five dollars ($25.00).Failure of an insurer to defend the action shall be deemed prima facie evidencethat its failure to make payment was vexatious and without reasonable cause.