38.2-807 - Attorney fees. - Virginia Statutes

§ 38.2-807. Attorney fees.

A. In any action against an unlicensed insurer upon an insurance contractissued or delivered in this Commonwealth to a resident of this Commonwealthor to a corporation authorized to do business in this Commonwealth, the courtmay allow the plaintiff a reasonable attorney fee if (i) the insurer hasfailed to make payment in accordance with the terms of the contract for 30days after demand prior to the commencement of the action and (ii) the courtconcludes that the refusal was vexatious and without reasonable cause. Thefee shall not exceed 33 1/3 percent of the amount that the court or juryfinds the plaintiff is entitled to recover against the insurer, but shall beat least $200.

B. Failure of the insurer to defend the action shall be deemed prima facieevidence that its failure to make payment was vexatious and withoutreasonable cause.

(1952, c. 317, § 38.1-70; 1986, c. 562; 2010, c. 343.)