Statute 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.