Montana Statutes
§ 33-1-616 — Attorney's Fee
Montana·Title 33 INSURANCE AND INSURANCE COMPANIES·Ch. 1 ADMINISTRATION AND GENERAL PROVISIONS·Part 6 Service of Process
33-1-616 . Attorney's fee. In any action against an unauthorized insurer under this Unauthorized Insurers Process Act, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the insurance contract and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney's fee and include such fee in any judgment that may be rendered in such action. The fee shall not exceed one-third of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than $100. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure t
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Legislative History
En. Sec. 183, Ch. 286, L. 1959; R.C.M. 1947, 40-3408.
Nearby Sections
15
§ 33-1-101
Short Title§ 33-1-103
Particular Provisions Prevail§ 33-1-104
Repealed§ 33-1-105
And 33-1-106 Reserved§ 33-1-107
Repealed§ 33-1-108
And 33-1-109 Reserved§ 33-1-110
Limitations Of Provider Agreements§ 33-1-1101
Short Title§ 33-1-1103
Through 33-1-1110 Reserved§ 33-1-1111
How To Show Jurisdiction§ 33-1-1112
Subject To State Laws§ 33-1-1113
Examination