Attorneys’ fees. — Delaware Code § 2108
Delaware Code § 2108 — Attorneys’ fees.. Reproduced from the official Delaware Code, with a citation summary, verification link, and related provisions.
§ 2108. Attorneys’ fees.
In any such action against an unauthorized insurer, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court shall allow to the plaintiff reasonable attorneys fees and include such fees in any judgment that may be rendered in such action, and in no event shall such fees be less than $100. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
18 Del. C. 1953, § 2108; 56 Del. Laws, c. 380, § 1;Source: official Delaware text · Last verified 2026-08-27
At a glance
- Citation: Delaware Code § 2108
- Jurisdiction: Delaware
- Code: Delaware Code
- Subject: Attorneys’ fees.
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Delaware Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Delaware attorney.
Common questions
What is the source of Delaware Code § 2108?
The text above is transcribed from the Delaware Code, the codified statutes of Delaware. The official publisher link appears under "Verify the text" on this page.
What subject does Delaware Code § 2108 address?
It addresses "Attorneys’ fees.". Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Delaware Code § 2108 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Delaware source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Delaware law to your facts requires a licensed Delaware attorney who can review the specifics.