1100 LAWS OF MARYLAND. [CH. 450

276. (Attorney Fees. ) In any action against an un-
authorized foreign or alien insurer upon a contract of in-
surance issued or delivered in this state to a resident there-
of or to a corporation authorized to do business therein, if
the insurer has failed for thirty 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 may allow to the plaintiff a
reasonable attorney fee and include such fee in any judg-
ment that may be rendered in such action. Such fee shall
not exceed twelve and one-half per cent of the amount
which the court or jury finds the plaintiff is entitled to
recover against the insurer, but in no event shall such fee
be less than twenty-five dollars. Failure of an insurer to
defend any such action shall be deemed prima facie evi-
dence that its failure to make payment was vexatious and
without reasonable cause.

277. The provisions of this Article shall not apply to
any action, suit or proceeding against any unauthorized
foreign or alien insurer arising out of a contract of

(a) Reinsurance of the liability of an admitted insurer;

(b) Insurance against perils of navigation, transit or
transportation upon hulls, freights or disbursements, or
other ship owner interest; upon goods, wares, merchan-
dise and all other personal property and interests therein,
in course of exportation from or importation into any
country, or transportation coastwise, including transpor-
tation by land or water from point of origin to final desti-
nation and including war risks; and marine builder's risks,
dry docks and marine railways, including insurance of
ship repairer's liability, and protection and indemnity
insurance, but excluding insurance covering bridges or
tunnels.

(c) Aircraft insurance;

(d) Insurance on property or operations of railroads
engaged in interstate commerce;

(e) Insurance effectuated in accordance with Section 97
of this Article; or

(f) Insurance against legal liability arising out of the
ownership, operation or maintenance of any property hav-
ing a permanent situs outside of this state; or

(g) Insurance against loss of or damage to any prop-
erty having a permanent situs outside this state where