Nebraska Statutes 44-359. Policies; actions; attorney’s fees
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.
Source
- Laws 1913, c. 234, § 1, p. 738;
- R.S.1913, § 3212;
- Laws 1919, c. 190, tit. V, art. IV, § 46, p. 604;
- C.S.1922, § 7811;
- C.S.1929, § 44-346;
- R.S.1943, § 44-359;
- Laws 1971, LB 958, § 1;
- Laws 1986, LB 811, § 17;
- Laws 1987, LB 17, § 4.
Terms Used In Nebraska Statutes 44-359
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801