Award of insured’s attorney fees in certain cases (§ 38.2-209)—Virginia Decoded

Award of insured’s attorney fees in certain cases

A. Notwithstanding any provision of law to the contrary, in any civil case in which an insured individual sues his insurer to determine what coverage, if any, exists under his present policy or fidelity bond or the extent to which his insurer is liable for compensating a covered loss, the individual insured shall be entitled to recover from the insurer costs and such reasonable attorney fees as the court may award. However, these costs and attorney’s fees shall not be awarded unless the court determines that the insurer, not acting in good faith, has either denied coverage or failed or refused to make payment to the insured under the policy. “Individual,” as used in this section, shall mean and include any person, group, business, company, organization, receiver, trustee, security, corporation, partnership, association, or governmental body, and this definition is declaratory of existing policy.

B. Nothing in this section shall be deemed to grant a right to bring an action against an insurer by an insured who would otherwise lack standing to bring an action.

C. As used in this section, “insurer” shall include “self-insurer.”

History

1982, c. 576, § 38.1-32.1; 1986, c. 562; 2006, c. 279.

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Court Decisions

CUNA Mut. Ins. Soc. v. Norman (SCV, 01/13/89)
. . . judge invoked former Code § 38.1-32.1 (now, § 38.2-209) which provided: . . .

Scottsdale Ins. Co. v. Glick (SCV, 09/21/90)
. . . to the landlords constituted bad faith. Code § 38.2-209(A), in relevant part, provides: . . .

. . . A & E Supply Company, Inc. v. Nationwide Mutual Fire . . . (Court of Appeals for the Fourth Circuit, 08/15/86)
. . . declaratory of existing policy." Va. Code Sec. 38.2-209. This legislative construction of Va. . . .

. . . Joseph P. Bornstein, Ltd., a Virginia Professional . . . (Court of Appeals for the Fourth Circuit, 11/16/87)
. . . 's fees and costs pursuant to Va.Code Sec. 38.2-209 (1986) for National Union's bad-faith . . .

REVI, LLC v. Chicago Title Insurance Co. (SCV, 09/17/15)
. . . . The Meaning of “court” in Code § 38.2-209 . . .

Nationwide Mut. Ins. Co. v. St. John (SCV, 01/14/00)
. . . have addressed that issue in the context of § 38.2-209. That section allows an insured to recover . . .

Carolina Cas. Ins. Co. v. Draper & Goldberg, PLLC (District Court, E.D. Virginia, 10/19/04)
. . . attorneys' fees pursuant to Virginia Code § 38.2-209. For the reasons stated below, the Court . . .

Cradle v. Monumental Life Ins. Co. (District Court, E.D. Virginia, 01/10/05)
. . . Practices Act ("VUTPA"), Va.Code. Ann. § 38.2-209, for costs and attorney's fees; and (3) . . .

. . . Bettius & Sanderson, P.C. v. National Union Fire Insurance . . . (Court of Appeals for the Fourth Circuit, 04/26/88)
. . . See Va.Code Secs. 38.2-510(6); 38.2-218; and 38.2-209 . . .

Atlantic Perm. Fed. Sav. & Loan v. American Cas. (District Court, E.D. Virginia, 10/20/86)
. . . plaintiff to alternatively seek them under Va. Code § 38.2-209. The Court, therefore, DENIES the . . .

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