Ola Rose Gafford and Randy Gafford, Petitioners v. Allstate Insurance Company, Respondent

Summary

The court held that an insured’s recovery of attorney’s fees in an action to collect an insurance-policy loss is governed exclusively by the insurance-fee statute, which conditions fees on prevailing and recovering within the statutory percentage of the amount demanded. Because the general breach-of-contract fee statute applies only when fees are not otherwise provided by law, it does not independently authorize fees in an insurance-coverage action. Justice Baker concurred in the disposition but would reach the same result through the statute’s legislative history rather than plain meaning alone.