§ 27-16-13. Attorney fees.
In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer has failed for thirty (30) days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include the fee in any judgment that may be rendered in the action. The fee shall not exceed twelve and one-half percent ( 12.5%) of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall the fee be less than twenty-five dollars ($25.00). Failure of an insurer to defend the action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
History of Section.P.L. 1956, ch. 3725, § 4; G.L. 1956, § 27-16-13.
Structure Rhode Island General Laws
Chapter 27-16 - Unauthorized Insurance Business
Section 27-16-1. - [Transferred.]
Section 27-16-1.1. - Purpose of §§ 27-16-1.1 — 27-16-2.6 — Suits by states.
Section 27-16-1.2. - Certificate of compliance — Exceptions.
Section 27-16-1.3. - Restraining order.
Section 27-16-1.4. - Secretary of state as agent for service of process.
Section 27-16-1.5. - Requirements before defensive pleadings.
Section 27-16-2. - [Transferred.]
Section 27-16-2.1. - Enforcement of orders.
Section 27-16-2.3. - Short title.
Section 27-16-2.4. - Severability.
Section 27-16-2.5. - Exemption for Automobile club service.
Section 27-16-3. - Short title.
Section 27-16-4. - Purpose of process provisions.
Section 27-16-5. - Acts constituting appointment of attorney to receive process.
Section 27-16-6. - Service of process on commissioner.
Section 27-16-7. - Service of process on agent or insurance producer.
Section 27-16-8. - Time allowed before default judgment.
Section 27-16-9. - Other methods of service preserved.
Section 27-16-10. - Security or certificate required before defensive pleadings.
Section 27-16-11. - Defensive motions as to jurisdiction.
Section 27-16-12. - Discretionary postponement of proceedings.