Oklahoma § 36-1105 - Attorney fees
Full text of Oklahoma Oklahoma Statutes § 36-1105 — Attorney fees, with citation guidance and answers to common questions.
§ 36-1105. Attorney fees
In any action against a surplus lines insurer pursuant to
Section 1103 of this title, 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 of
insurance or in accordance with Section 1115 of this title, and it
appears to the court that the refusal was vexatious and without
reasonable cause, the court may allow to the plaintiff or an
aggrieved agency of this state a reasonable attorney fee and include
the fee in any judgment that may be rendered in the action. The fee
Oklahoma Statutes - Title 36. Insurance
shall not exceed one-third (1/3) of the amount which the court or
jury finds the plaintiff is entitled to recover against the insurer,
but in no event shall a fee be less than One Hundred Dollars
($100.00). Failure of an insurer to defend any action shall be
deemed prima facie evidence that its failure to make payment was
vexatious and without reasonable cause.
Added by Laws 1957, p. 257, § 1105, operative July 1, 1957. Amended
by Laws 2010, c. 222, § 14, eff. Nov. 1, 2010; Laws 2011, c. 278, §
10 and Laws 2011, c. 360, § 10; Laws 2012, c. 45, § 8, emerg. eff.
April 16, 2012.
NOTE: Laws 2011, c. 278, § 10 and Laws 2011, c. 360, § 10 made
identical changes to this section.
Frequently Asked Questions About Oklahoma § 36-1105
What does Oklahoma Statutes § 36-1105 cover?
Section 36-1105 ("Attorney fees") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 36-1105?
A common citation format is "Oklahoma Statutes § 36-1105" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 36-1105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.