an incentive for insurers to settle just claims in order to reduce the amount of litigation and the high costs associated with it. Hansen v. State Farm Mut. Auto. Ins. Co., 112 Idaho 663, 671, 735 P.2d 974, 982 (1987). In light of this purpose, we have construed § 41-1839 as limiting the award of attorney fees to those instances where: (1) [the insured] has provided proof of loss as required by the insurance policy; (2) the insurance company fails to pay an amount justly due under the policy within thirty days of such proof of loss; and (3) the insured “thereafter” is compelled to bring suit to recover for his loss. Id. (emphasis added). See also Reynolds v. American Hardware Mut. Ins. Co., 115 Idaho 362, 366, 766 P.2d 1243, 1247 (1988) (same); Emery, 120 Idaho at 247, 815 P.2d at 445. (<HOLDING>); Walton, 120 Idaho at 620, 818 P.2d at 324
recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application holding that an award of fees under  411839 was mandatory where an insured is compelled to file a lawsuit by reason of an insurers refusal to pay  to recover for a loss under her insurance contract holding that a lawsuit for failure to pay on an insurance contract does not sound in tort holding that plaintiff could recover medical fees not actually paid by the insurance company pursuant to an insurance contract holding that an award of back pay is an issue for the court