Arkansas Statutes
§ 23-79-209 — Allowance of attorney's fees in suits to terminate, modify, or reinstate policy
Arkansas § 23-79-209
JurisdictionArkansas
Title23
This text of Arkansas § 23-79-209 (Allowance of attorney's fees in suits to terminate, modify, or reinstate policy) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ark. Code Ann. § 23-79-209 (2026).
Text
(a)In all suits in which the judgment or decree of a court is against a life, property, accident and health, or liability insurance company, either in a suit by it to cancel or lapse a policy or to change or alter the terms or conditions thereof in any way that may have the effect of depriving the holder of the policy of any of his or her rights thereunder, or in a suit for a declaratory judgment under the policy, or in a suit by the holder of the policy to require the company to reinstate the policy, the company shall also be liable to pay the holder of the policy all reasonable attorney's fees for the defense or prosecution of the suit, as the case may be.
(b)The fees shall be based on the face amount of the policy involved.
(c)The attorney's fees shall be taxed by the court where the
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Related
Shepherd v. State Auto Property & Casualty Insurance
850 S.W.2d 324 (Supreme Court of Arkansas, 1993)
American Eagle Insurance Company v. John H. Thompson
85 F.3d 327 (Eighth Circuit, 1996)
Medical Liability Mutual Insurance v. Alan Curtis Enterprises, Inc.
285 S.W.3d 233 (Supreme Court of Arkansas, 2008)
Newcourt Financial, Inc. v. Canal Insurance
15 S.W.3d 328 (Supreme Court of Arkansas, 2000)
Hortica-Florists' Mutual Ins. v. Pittman Nursery Corporation
729 F.3d 846 (Eighth Circuit, 2013)
Southern Farm Bureau Casualty Insurance Co. v. Watkins
386 S.W.3d 6 (Court of Appeals of Arkansas, 2011)
Hicks v. Allstate Insurance
799 S.W.2d 809 (Supreme Court of Arkansas, 1990)
Emcasco Insurance v. Davis
753 F. Supp. 1458 (W.D. Arkansas, 1990)
Southern Farm Bureau Casualty Insurance Co. v. Krouse
375 S.W.3d 763 (Court of Appeals of Arkansas, 2010)
Shelter Mutual Insurance v. Smith
779 S.W.2d 149 (Supreme Court of Arkansas, 1989)
Bituminous Casualty Corp. v. Zadeck Energy Group, Inc.
416 F. Supp. 2d 654 (W.D. Arkansas, 2005)
Bull v. Federated Mut. Ins. Co.
338 F. Supp. 3d 958 (E.D. Arkansas, 2018)
Auto-Owners Insurance Company v. T. Rainwater Construction, LLC
(W.D. Arkansas, 2022)
Lima Charlie Sierra LLC v. XL Specialty Insurance Company
(E.D. Arkansas, 2023)
American Eagle Ins. v. John H. Thompson
(Eighth Circuit, 1996)
Legislative History
Acts 1959, No. 148, § 306; A.S.A. 1947, § 66-3239; Acts 2001, No. 1604, § 114.
Nearby Sections
15
§ 23-1-101
Definitions§ 23-1-103
Compliance with Acts 1935, No. 324, and rules of commission required - Penalties for noncompliance§ 23-1-106
Penalties cumulative - Recovery of penalty not bar to further penalty or criminal prosecution§ 23-1-108
Jurisdiction and venue of actions§ 23-1-110
Actions tried without jury - Exceptions§ 23-1-111
Copies of official papers as evidence§ 23-1-115
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Bluebook (online)
Arkansas § 23-79-209, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/23-79-209.