Attorney's fees and costs; insured prevailing in action

based on any type of first party coverage against insurer. In any action where an insured prevails against an insurer who has not paid a claim on any type of first party coverage, the insured person may be awarded reasonable attorney's fees and costs of the action upon a finding by the court that the insurer acted unreasonably in failing to pay the claim. History: 1953 Comp., § 58-8-36, enacted by Laws 1977, ch. 113, § 1.