{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1105","heading":"Attorney fees","body":"In any action against a surplus lines insurer pursuant to\n\nSection 1103 of this title, if the insurer has failed for thirty\n\n(30) days after demand prior to the commencement of the action to\n\nmake payment in accordance with the terms of the contract of\n\ninsurance or in accordance with Section 1115 of this title, and it\n\nappears to the court that the refusal was vexatious and without\n\nreasonable cause, the court may allow to the plaintiff or an\n\naggrieved agency of this state a reasonable attorney fee and include\n\nthe fee in any judgment that may be rendered in the action. The fee\n\nshall not exceed one-third (1/3) of the amount which the court or\n\njury finds the plaintiff is entitled to recover against the insurer,\n\nbut in no event shall a fee be less than One Hundred Dollars\n\n($100.00). Failure of an insurer to defend any action shall be\n\ndeemed prima facie evidence that its failure to make payment was\n\nvexatious and without reasonable cause.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"af56245caefacd04efa78e332b72173ccbc2010f43d9d2d725eb316fe3db6abb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1104","next":"us-ok/okla.-stat.-tit.-36-36-1106"},"notice":"GroundRules: Original legal text. Not legal advice."}