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.