§ 9-1-33 - Insurer's bad faith refusal to pay a claim made under any insurance policy.
SECTION 9-1-33
§ 9-1-33 Insurer's bad faith refusal topay a claim made under any insurance policy. – (a) Notwithstanding any law to the contrary, an insured under any insurancepolicy as set out in the general laws or otherwise may bring an action againstthe insurer issuing the policy when it is alleged the insurer wrongfully and inbad faith refused to pay or settle a claim made pursuant to the provisions ofthe policy, or otherwise wrongfully and in bad faith refused to timely performits obligations under the contract of insurance. In any action brought pursuantto this section, an insured may also make claim for compensatory damages,punitive damages, and reasonable attorney fees. In all cases in which there hasbeen no trial in the superior court on or before May 20, 1981, the question ofwhether or not an insurer has acted in bad faith in refusing to settle a claimshall be a question to be determined by the trier of fact.
(b) The provisions of this section shall apply to all actionsagainst insurers which have been commenced and are pending in any state orfederal court on May 20, 1981.