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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 36, § 36-1105: Attorney fees

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Where this section sits in the code
  1. OK Code
  2. Title 36

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

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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