This bill amends section 44-359 of the Reissue Revised Statutes of Nebraska, specifically addressing provisions related to attorney's fees in insurance-related lawsuits. The new language stipulates that when a beneficiary or entitled person brings an action against an insurance company, the court must award a reasonable attorney's fee in addition to the recovery amount, unless the plaintiff fails to secure a judgment exceeding any offer made by the insurance company. The bill also introduces a specific exception to this rule, stating that the attorney's fee provision does not apply when the plaintiff's right to bring the action is based on a post-loss assignment of rights or benefits from a property owner's claim for damage to insured property.

Additionally, the bill harmonizes existing provisions and repeals the original section 44-359, ensuring that the updated language is the sole reference for attorney's fees in these cases. The changes aim to clarify the circumstances under which attorney's fees can be awarded, thereby providing clearer guidelines for both plaintiffs and insurance companies in Nebraska.

Statutes affected:
Introduced: 44-359