40-908. Attorney fees in certain actions. That in all actions now pending, or hereafter commenced in which judgment is rendered against any insurance company on any policy given to insure any property in this state against loss by fire, tornado, lightning or hail, the court in rendering such judgment shall allow the plaintiff a reasonable sum as an attorney's fee for services in such action including proceeding upon appeal to be recovered and collected as a part of the costs: Provided, however, That when a tender is made by such insurance company before the commencement of the action in which judgment is rendered and the amount recovered is not in excess of such tender no such costs shall be allowed.
History: L. 1927, ch. 231, 40-908; L. 1929, ch. 199, § 1; L. 1967, ch. 257, § 2; July 1.
Structure Kansas Statutes
Article 9 - General Provisions Relating To Fire Insurance Companies
40-902 Deposit of securities by stock insurance company.
40-905 Statement of value in policy; evidence of ownership of property; exceptions.
40-906 Inspection and description of premises.
40-908 Attorney fees in certain actions.
40-924 Proof of loss by fire or tornado; insurer to furnish blanks and directions.
40-938 Same; false or misleading information; penalties.
40-951 Fire and casualty insurance rates; purpose of act.
40-952 Same; application of act.
40-955b Same; rate filings; premium variance, when allowed.
40-958 Same; deviations from rating organization filings.
40-959 Same; appeal of rating organization decision; hearing; order.
40-960 Same; information to be furnished insureds; grievance procedures; appeals to commissioner.
40-961 Same; statistical plans for reporting loss and expense data; rules and regulations.
40-962 Same; withholding or giving false or misleading information prohibited.
40-963 Same; violations; penalties.
40-964 Same; hearings under administrative procedure act.
40-965 Same; review of commissioner's actions; rates pending final determination of court.
40-971 Same; rates in excess of limitation of preceding section.
40-972 Same; procedure; duties of commissioner.