40-2004. Attorney fees. - Kansas Statutes

40-2004

Chapter 40.--INSURANCE Article 20.--UNAUTHORIZED INSURERS PROCESS ACT

      40-2004.   Attorney fees.In any action in which any judgment is rendered against an unauthorized,foreign or alien insurer upon a contract of insurance issued or deliveredin this state to a resident thereof or to a corporation authorized to dobusiness therein, if it appears from the evidence that such insurer hasrefused to pay such loss, the court in rendering such judgment shall allowthe plaintiff a reasonable sum as an attorney's fee to be recovered andcollected as part of its costs: Provided, however, That when a tenderis made by such insurer before the commencement of the action in whichjudgment is rendered and the amount recovered is not in excess of suchtender, no such costs shall be allowed.

      History:   L. 1949, ch. 283, § 4; June 30.