Dairyland County Mutual Insurance Company v. Childress

In Dairyland County Mutual Insurance Company v. Childress, 650 S.W.2d 770, 775 (Tex. 1983), the Court held that Dairyland was not exempt under former article 2226 (codified at chapter 38 of the Texas Civil Practice and Remedies Code) from paying attorney's fees because Dairyland was a county mutual insurance company and thus, under former section 17.22 of the Insurance Code, was not subject to any of the exceptions listed under article 2226. See Dairyland, 650 S.W.2d at 775. The Fifth Circuit has interpreted the holding in Dairyland to imply that "an insurer who falls within the provisions of section 38.006 is exempt from the payment of attorney's fees and that only those insurers who do not qualify for the exemption are subject to the payment of attorney's fees."