Wisconsin Statutes & Annotations
Chapter 618 - Nondomestic insurers.
618.48 - Attorney fees.

618.48 Attorney fees. In an action against an unauthorized person upon a contract of insurance issued in violation of this chapter, if the unauthorized person fails to make payment in accordance with the contract for 30 days after the payment is due and demand is made, and it appears to the court that the refusal was without reasonable cause, the court may allow the plaintiff a reasonable attorney fee and include the fee in any judgment that may be rendered in the action. Failure of the unauthorized person to defend any such action is prima facie evidence that the failure to pay was without reasonable cause. If the unauthorized person knew or should have known that the contract was in violation of this chapter, the court may also award punitive damages.
History: 1971 c. 260.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 618 - Nondomestic insurers.

618.01 - Purposes.

618.02 - Definitions.

618.11 - Application.

618.12 - Certificate of authority.

618.14 - Admission of nondomestic fraternals.

618.21 - Corporation law requirements from chs. 180, 610, 611 and 623 applicable to nondomestic corporations.

618.22 - Exclusive agency and management contracts of nondomestic corporations.

618.23 - Requirements for nondomestic reciprocals.

618.24 - Requirements for incorporated alien insurers.

618.25 - Requirements for unincorporated nondomestic insurers.

618.26 - Requirements for nondomestic fraternals.

618.28 - Exemptions from Wisconsin law.

618.31 - Changes in business plan.

618.32 - Transfer of business.

618.34 - Assessment by nondomestic company.

618.36 - Release from regulation.

618.37 - Revocation of certificate of authority.

618.39 - Assisting unauthorized insurers.

618.40 - Definitions.

618.41 - Surplus lines insurance.

618.415 - Group liability insurance issued by an unauthorized insurer.

618.416 - Qualification for placement of surplus lines insurance with an unauthorized insurer.

618.42 - Direct procurement of insurance.

618.43 - Taxation of insurance written by unauthorized insurers.

618.44 - Effect of illegal contracts.

618.45 - Servicing of contracts made out of state.

618.47 - Defense of action by unauthorized person.

618.48 - Attorney fees.

618.49 - Investigation, disclosure and taxation of insurance contracts.

618.50 - Reporting of illegal insurance.

618.61 - Reciprocal enforcement of foreign decrees.