SB 1022 Makes statutory penalties and attorney fees associated with a vexatious refusal to pay claim mandatory rather than discretionary
Sponsor: Coleman
LR Number: 4120S.01I Fiscal Note: 4120-01
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 1/28/2008 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S142
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1022 - Under the proposed act, the statutory penalties and attorney fees associated with a vexatious refusal to pay claim are made mandatory. Under current law, the statutory penalties and attorney fees associated with a vexatious refusal to pay claim are discretionary in that the court or jury may award such damages or attorney fees. In addition to the mandatory penalties, the proposed act provides that a claimant shall be entitled to a reasonable attorney's fee if a vexatious refusal to pay dispute is resolved through compromised settlement.

STEPHEN WITTE