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 to make payment was vexatious and without reasonable cause.
History: En. Sec. 183, Ch. 286, L. 1959; R.C.M. 1947, 40-3408.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 1. Administration and General Provisions
33-1-604. Service of process -- domestic insurer
33-1-605. Service of process -- foreign or alien insurer -- appointment of registered agent
33-1-606. Service of process by commissioner
33-1-607. through 33-1-610 reserved
33-1-611. Unauthorized Insurers Process Act -- interpretation
33-1-612. Commissioner -- process agent for unauthorized insurer doing business in state
33-1-613. Service of process -- criteria mandating designation of commissioner
33-1-614. Exemptions from service of process provisions