Title 33, Chapter 4, Section 6
( 33-4-6)
(a) In the event of a loss which is covered by a policy of insurance
and the refusal of the insurer to pay the same within 60 days after
a demand has been made by the holder of the policy and a finding has
been made that such refusal was in bad faith, the insurer shall be
liable to pay such holder, in addition to the loss, not more than 50
percent of the liability of the insurer for the loss or $5,000.00,
whichever is greater, and all reasonable attorney's fees for the
prosecution of the action against the insurer. The action for bad
faith shall not be abated by payment after the 60 day period nor
shall the testimony or opinion of an expert witness be the sole
basis for a summary judgment or directed verdict on the issue of bad
faith. The amount of any reasonable attorney's fees shall be
determined by the trial jury and shall be included in any judgment
which is rendered in the action; provided, however, the attorney's
fees shall be fixed on the basis of competent expert evidence as to
the reasonable value of the services based on the time spent and
legal and factual issues involved in accordance with prevailing fees
in the locality where the action is pending; provided, further, the
trial court shall have the discretion, if it finds the jury verdict
fixing attorney's fees to be greatly excessive or inadequate, to
review and amend the portion of the verdict fixing attorney's fees
without the necessity of disapproving the entire verdict. The
limitations contained in this Code section in reference to the
amount of attorney's fees are not controlling as to the fees which
may be agreed upon by the plaintiff and the plaintiff's attorney for
the services of the attorney in the action against the insurer. (b) In any action brought pursuant to subsection (a) of this Code section, and within 20 days of bringing such action, the plaintiff shall, in addition to service of process in accordance with Code Section 9-11-4, mail to the Commissioner of Insurance and the consumers' insurance advocate a copy of the demand and complaint by first-class mail. Failure to comply with this subsection may be cured by delivering same. | 
