GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 492

Short Title:  Self-Insurers/Attorneys' Fees.	(Public)

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Sponsors: Senators Hartsell and Allran.

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Referred to:  Judiciary II/Election Laws

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March 28, 1995

A BILL TO BE ENTITLED
AN ACT TO INCLUDE BUSINESSES THAT ARE SELF-INSURERS IN THE ALLOWANCE OF COUNSEL FEES IN CERTAIN SUITS AND TO INCREASE THE THRESHOLD AMOUNT OF A JUDGMENT FOR WHICH COUNSEL FEES ARE ALLOWED IN CERTAIN SUITS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 6-21.1 reads as rewritten:
"§ 6-21.1.  Allowance of counsel fees as part of costs in certain cases.
In any personal injury or property damage suit against a defendant insurance company or against a defendant business that has elected to act as self-insurer of a program of liability insurance, or in any suit against an insurance company under a policy issued by the defendant insurance company and in which the insured or beneficiary is the plaintiff, upon a finding by the court that there was an unwarranted refusal by the defendant insurance company or defendant self-insurer to pay the claim which constitutes the basis of such suit, instituted in a court of record, where the judgment for recovery of damages is fifteen thousand dollars ($15,000) or less, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the litigant obtaining a judgment for damages in said suit, said attorney's fee to be taxed as a part of the court costs."
Sec. 2.  This act becomes effective October 1, 1995, and applies to any suits brought on or after that date.