In all cases when the beneficiary or other person entitled thereto brings an action upon any type of insurance policy, except workers' compensation insurance, or upon any certificate issued by a fraternal benefit society, against any company, person, or association doing business in this state, the court, upon rendering judgment against such company, person, or association, shall allow the plaintiff a reasonable sum as an attorney's fee in addition to the amount of his or her recovery, to be taxed as part of the costs. If such cause is appealed, the appellate court shall likewise allow a reasonable sum as an attorney's fee for the appellate proceedings, except that if the plaintiff fails to obtain judgment for more than may have been offered by such company, person, or association in accordance with section 25-901 , then the plaintiff shall not recover the attorney's fee provided by this section.
Neb. Rev. Stat. § 44-359
Policies; actions; attorney's fees
Applied in 89 court decisions — leading case Ca 79-2759 City of Carter Lake v. Aetna Casualty and Surety Company (1979)
Most recently applied in Echo Group v. Tradesmen Internat. (October 2022)
Laws 1913, c. 234, § 1, p. 738; R.S.1913, § 3212; Laws 1919, c. 190, tit
How often courts cite this section
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.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.