ID S1110

Insurers must pay claims within 30 days of proof of loss, or 60 days for uninsured/underinsured motorist coverage, or face liability for reasonable attorney's fees in any court action or arbitration.

No attorney's fees may be recovered if the insurer tenders the full amount owed before the lawsuit begins and deposits it in court, or if the court determines no amount is actually due.

For uninsured/underinsured motorist coverage disputes, no attorney's fees are recoverable if the insurer tenders at least 90% of the amount determined to be justly due before the lawsuit commences, or if no amount is found to be due.

Section does not apply to workers' compensation claims, surety or guaranty contracts (unless creditors provide 60 days' written notice), or fidelity insurance claims (unless principal's liability is acknowledged in writing or established by court judgment).

This section and Idaho Code 12-123 provide the exclusive remedy for statutory attorney's fees in insurance disputes between insureds and insurers, except when a case is brought, pursued, or defended frivolously, unreasonably, or without foundation.