Okla. Stat. tit. 36, § 36-1105
This is the official text of Okla. Stat. tit. 36, § 36-1105, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Attorney fees
Official statutory text
In any action against a surplus lines insurer pursuant to
Section 1103 of this title, if the insurer has failed for thirty
(30) days after demand prior to the commencement of the action to
make payment in accordance with the terms of the contract of
insurance or in accordance with Section 1115 of this title, and it
appears to the court that the refusal was vexatious and without
reasonable cause, the court may allow to the plaintiff or an
aggrieved agency of this state a reasonable attorney fee and include
the fee in any judgment that may be rendered in the action. The fee
Oklahoma Statutes - Title 36. Insurance Page 251
shall not exceed one-third (1/3) of the amount which the court or
jury finds the plaintiff is entitled to recover against the insurer,
but in no event shall a fee be less than One Hundred Dollars
($100.00). Failure of an insurer to defend any action shall be
deemed prima facie evidence that its failure to make payment was
vexatious and without reasonable cause.
Section 1103 of this title, if the insurer has failed for thirty
(30) days after demand prior to the commencement of the action to
make payment in accordance with the terms of the contract of
insurance or in accordance with Section 1115 of this title, and it
appears to the court that the refusal was vexatious and without
reasonable cause, the court may allow to the plaintiff or an
aggrieved agency of this state a reasonable attorney fee and include
the fee in any judgment that may be rendered in the action. The fee
Oklahoma Statutes - Title 36. Insurance Page 251
shall not exceed one-third (1/3) of the amount which the court or
jury finds the plaintiff is entitled to recover against the insurer,
but in no event shall a fee be less than One Hundred Dollars
($100.00). Failure of an insurer to defend any action shall be
deemed prima facie evidence that its failure to make payment was
vexatious and without reasonable cause.
Status: in_force · Read it on the official government site
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