Neb. Rev. Stat. » Chapter 44
Nebraska Revised Statutes

Neb. Rev. Stat. § 44-359 (2026)

Policies; actions; attorney's fees

✓ current as of July 2026
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In all cases when the beneficiary or other person entitled thereto brings an action upon any type of insurance policy, except workers' compensation insurance, or upon any certificate issued by a fraternal benefit society, against any company, person, or association doing business in this state, the court, upon rendering judgment against such company, person, or association, shall allow the plaintiff a reasonable sum as an attorney's fee in addition to the amount of his or her recovery, to be taxed as part of the costs. If such cause is appealed, the appellate court shall likewise allow a reasonable sum as an attorney's fee for the appellate proceedings, except that if the plaintiff fails to obtain judgment for more than may have been offered by such company, person, or association in accordance with section 25-901, then the plaintiff shall not recover the attorney's fee provided by this section.

Notes of Decisions
Cited in 142 cases (12 in the last 5 years), 1945–2025 · leading case: Young v. Midwest Fam. Mut. Ins. Co., 753 N.W.2d 778 (Neb. 2008).
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Young v. Midwest Fam. Mut. Ins. Co., 753 N.W.2d 778 (Neb. 2008). · cites it 16× “, [1] we held that settlement offers made by Midwest Family Mutual Insurance Company (Midwest) were not equivalent to offers to allow judgment and thus did not preclude an award of attorney fees to the Youngs under Neb. Rev.Stat. § 44-359 (Reissue 2004). On remand, the district…”
Koehler v. Farmers All. Mut. Ins., 566 N.W.2d 750 (Neb. 1997). · cites it 14× “The amount of attorney fees awarded pursuant to Neb.Rev.Stat. § 44-359 (Reissue 1993) is a matter within the discretion of the trial court.”
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022). · cites it 16× “As a general rule, attorney fees and expenses may be recovered in a civil action only where provided for by statute or when a recognized and accepted uniform course of procedure has been to allow recovery of attorney fees.”
Dale Elec., Inc. v. Fed. Ins., 286 N.W.2d 437 (Neb. 1979). · cites it 16× “We do not believe that the requirements of section 44-359, R.R.S.1943, intend to disregard in-house counsel.”
Webb v. Am. Employers Grp., 684 N.W.2d 33 (Neb. 2004). · cites it 6× “74, together with an attorney fee of $2,500 pursuant to Neb. Rev. Stat. § 44-359 (Reissue 1998). AEG perfected this appeal on August 15, 2003.”
LeRette v. Am. Med. Sec., Inc., 705 N.W.2d 41 (Neb. 2005). · cites it 8× “The court also denied a request for attorney fees filed by the LeRettes pursuant to Neb. Rev. Stat. § 44-359 (Reissue 2004). United Wisconsin appeals, and the LeRettes cross-appeal.”
North Star Mut. Ins. Co. v. Miller, 977 N.W.2d 195 (Neb. 2022). · cites it 9× “Neb. Rev. Stat. § 44-359 (Reissue 2021) is a fee-shifting statute which permits a successful litigant to recover attor- ney fees as a part of the judgment in certain actions against insurance companies.”
Union Ins. v. Bailey, 450 N.W.2d 661 (Neb. 1990). · cites it 8× “*264 In its third assignment of error, Valley contends that it is entitled to attorney fees pursuant to Neb. Rev. Stat. § 44-359 (Reissue 1988). Section 44-359 provides in relevant part: In all cases when the beneficiary or other person entitled thereto brings an action upon any…”
Muller v. Tri-State Ins. Co. of Minnesota, 560 N.W.2d 130 (Neb. 1997). · cites it 6× “Neb.Rev.Stat. § 44-359 (Reissue 1993) provides, in relevant part: In all cases when the beneficiary or other person entitled thereto brings an action upon any type of insurance policy, except workers' compensation insurance .”
Dutton-Lainson Co. v. Cont'l Ins. Co., 778 N.W.2d 433 (Neb. 2010). · cites it 4× “shall allow the plaintiff a reasonable sum as an attorney's fee.”
Nat'l Am. Ins. Co. of Nebraska, Inc. v. Cont'l W. Ins., 502 N.W.2d 817 (Neb. 1993). · cites it 10× “assignments of error, which combine to allege that the trial court erred in (1) failing to reform the Economy policy to reflect the true intentions of the contracting parties that there was no coverage for Christopher Welsh; (2) awarding attorney fees in favor of the Welshes…”
Union Ins. Co. v. Land & Sky, Inc., 529 N.W.2d 773 (Neb. 1995). · cites it 6× “In support of its claim, Land and Sky cites Neb.Rev.Stat. § 44-359 (Reissue 1993), which states: In all cases when the beneficiary .”
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