38.2-209 - Award of insured's attorney fees in certain cases. - Virginia Statutes

§ 38.2-209. Award of insured's attorney fees in certain cases.

A. Notwithstanding any provision of law to the contrary, in any civil case inwhich an insured individual sues his insurer to determine what coverage, ifany, exists under his present policy or fidelity bond or the extent to whichhis insurer is liable for compensating a covered loss, the individual insuredshall be entitled to recover from the insurer costs and such reasonableattorney fees as the court may award. However, these costs and attorney'sfees shall not be awarded unless the court determines that the insurer, notacting in good faith, has either denied coverage or failed or refused to makepayment to the insured under the policy. "Individual," as used in thissection, shall mean and include any person, group, business, company,organization, receiver, trustee, security, corporation, partnership,association, or governmental body, and this definition is declaratory ofexisting policy.

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

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

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