31A-15-108 - Attorney fees.
31A-15-108. Attorney fees.
In an action against an unauthorized person upon a contract of insurance issued inviolation of this chapter, if the unauthorized person fails to make payment in accordance with thecontract for 30 days after the payment is due and demand is made, and it appears to the court thatthe failure was without just cause, the court may allow the plaintiff a reasonable attorney's fee andmay include the fee in any judgment that may be rendered in the action. The unauthorizedperson's failure to defend this action is prima facie evidence that the failure to pay was withoutjust cause.
Enacted by Chapter 242, 1985 General Session