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Ark. Code Ann. § 23-79-209

Allowance of attorney's fees in suits to terminate, modify, or reinstate policy

Applied in 13 court decisions — leading case Shepherd v. State Auto Property & Casualty Insurance (1993)

Most recently applied in Bull v. Federated Mut. Ins. Co. (September 2018)

Acts 1959, No. 148, § 306; A.S.A. 1947, § 66-3239; Acts 2001, No. 1604, § 114.

How often courts cite this section

198920002010201820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In all suits in which the judgment or decree of a court is against a life, property, accident and health, or liability insurance company, either in a suit by it to cancel or lapse a policy or to change or alter the terms or conditions thereof in any way that may have the effect of depriving the holder of the policy of any of his or her rights thereunder, or in a suit for a declaratory judgment under the policy, or in a suit by the holder of the policy to require the company to reinstate the policy, the company shall also be liable to pay the holder of the policy all reasonable attorney's fees for the defense or prosecution of the suit, as the case may be.

(2) The fees shall be based on the face amount of the policy involved.

(3) The attorney's fees shall be taxed by the court where the suit is heard on original action, by appeal or otherwise, and shall be taxed up as a part of the costs therein and collected as other costs are or may be by law collected.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.