6-918A. ATTORNEYS’ FEES. At the time and in the manner provided for fixing costs in civil actions, and at the discretion of the trial court, appropriate and reasonable attorney fees may be awarded to the claimant, the governmental entity or the employee of such governmental entity, as costs, in actions under this act, upon petition therefor and a showing, by clear and convincing evidence, that the party against whom or which such award is sought was guilty of bad faith in the commencement, conduct, maintenance or defense of the action. In no case shall such attorney fee award or any combination or total of such awards, together with other costs and money judgment or judgments for damages exceed, in the aggregate, the limitations on liability fixed by section 6-926, Idaho Code. The right to recover attorney fees in legal actions for money damages that come within the purview of this act shall be governed exclusively by the provisions of this act and not by any other statute or rule of court, except as may be hereafter expressly and specifically provided or authorized by duly enacted statute of the state of Idaho.
History:
[6-918A, added 1978, ch. 272, sec. 6, p. 633.]
Structure Idaho Code
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES
Section 6-902A - SUPERVISORY PHYSICIAN.
Section 6-903 - LIABILITY OF GOVERNMENTAL ENTITIES — DEFENSE OF EMPLOYEES.
Section 6-904 - EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Section 6-904A - EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Section 6-904B - EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Section 6-905 - FILING CLAIMS AGAINST STATE OR EMPLOYEE — TIME.
Section 6-906 - FILING CLAIMS AGAINST POLITICAL SUBDIVISION OR EMPLOYEE — TIME.
Section 6-906A - TIME FOR FILING CLAIMS BY MINORS.
Section 6-907 - CONTENTS OF CLAIMS — FILING BY AGENT OR ATTORNEY — EFFECT OF INACCURACIES.
Section 6-908 - RESTRICTION ON ALLOWANCE OF CLAIMS.
Section 6-909 - TIME FOR ALLOWANCE OR DENIAL OF CLAIMS — EFFECT OF FAILURE TO ACT.
Section 6-910 - SUIT ON DENIED CLAIMS PERMITTED.
Section 6-911 - LIMITATION OF ACTIONS.
Section 6-912 - COMPROMISE AND SETTLEMENT BY GOVERNING BODY.
Section 6-913 - COMPROMISE AND SETTLEMENT BY BOARD OF EXAMINERS.
Section 6-914 - JURISDICTION — RULES OF PROCEDURE.
Section 6-916 - SERVICE OF SUMMONS.
Section 6-917 - RECOVERY AGAINST GOVERNMENTAL ENTITY BAR TO ACTION AGAINST EMPLOYEE.
Section 6-918 - NO PUNITIVE DAMAGES.
Section 6-918A - ATTORNEYS’ FEES.
Section 6-920 - LIABILITY INSURANCE FOR STATE PROCURED BY DIVISION OF INSURANCE MANAGEMENT.
Section 6-921 - APPORTIONMENT OF COST OF STATE PLAN.
Section 6-922 - PAYMENT BY STATE OF CLAIMS OR JUDGMENTS WHEN NO INSURANCE.
Section 6-923 - AUTHORITY OF POLITICAL SUBDIVISIONS TO PURCHASE INSURANCE.
Section 6-924 - POLICY LIMITS — MINIMUM REQUIREMENTS.
Section 6-925 - POLICY TERMS NOT COMPLYING WITH ACT — CONSTRUCTION — EXCEPTION.
Section 6-927 - TAX LEVY TO PAY COMPREHENSIVE LIABILITY PLAN.
Section 6-928 - TAX LEVY TO PAY CLAIM OR JUDGMENT.
Section 6-929 - LIMITATION OF LIABILITY OF VOLUNTEER FIREMEN.