ID H0593

Insurers must pay reasonable attorney's fees if they fail to pay the amount justly due within 30 days after proof of loss is furnished, unless they tender the full amount or the court determines no amount is justly due.

Worker's compensation claims under Idaho Code section 72-611 are excluded from attorney's fees requirements.

Surety and fidelity insurers are exempt from attorney's fees liability unless specific conditions are met: surety claims require 60 days' written notice, and fidelity claims require written acknowledgment of liability or court judgment establishing liability.

Section 41-1839 and section 12-123 provide the exclusive remedy for statutory attorney's fees in insurance disputes between insureds and insurers.

Attorney's fees may be awarded for frivolous, unreasonable, or unfounded claims or defenses, and section 12-120 does not apply to insurance policy disputes.