{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-209.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-209.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-209.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-209.html"}],"law_id":71333,"edition_id":1,"section_id":71333,"structure_id":14221,"section_number":"38.2-209","catch_line":"Award of insured’s attorney fees in certain cases","history":"1982, c. 576, \u00a7 38.1-32.1; 1986, c. 562; 2006, c. 279.","full_text":"A\n\nNotwithstanding 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\n\nNothing 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\n\nAs used in this section, “insurer” shall include “self-insurer.”","order_by":null,"text":{"0":{"id":257146,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257147,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257148,"text":"As used in this section, “insurer” shall include “self-insurer.”","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14221,"edition_id":1,"name":"Provisions of a General Nature","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:47:20","date_modified":"2026-06-26 03:47:20","permalink":{"id":213095,"object_type":"structure","relational_id":14221,"identifier":"2","token":"38.2\/2","url":"\/38.2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84875,"structure_id":14221,"section_number":"38.2-200","catch_line":"General powers of the Commission relative to insurance","url":"\/38.2-200\/","token":"38.2\/2\/38.2-200","metadata":false},{"id":70951,"structure_id":14221,"section_number":"38.2-201","catch_line":"Recommendations by Commission to General Assembly","url":"\/38.2-201\/","token":"38.2\/2\/38.2-201","metadata":false},{"id":71634,"structure_id":14221,"section_number":"38.2-202","catch_line":"Regulation of solicitation of proxies, consents and authorizations","url":"\/38.2-202\/","token":"38.2\/2\/38.2-202","metadata":false},{"id":66056,"structure_id":14221,"section_number":"38.2-203","catch_line":"Management and exclusive agency contracts subject to approval by 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information","url":"\/38.2-234\/","token":"38.2\/2\/38.2-234","metadata":false},{"id":69385,"structure_id":14221,"section_number":"38.2-235","catch_line":"Liability insurance; carbon monoxide exclusions","url":"\/38.2-235\/","token":"38.2\/2\/38.2-235","metadata":false},{"id":80448,"structure_id":14221,"section_number":"38.2-236","catch_line":"Notice of settlement payment","url":"\/38.2-236\/","token":"38.2\/2\/38.2-236","metadata":false},{"id":83795,"structure_id":14221,"section_number":"38.2-237","catch_line":"Provider complaints","url":"\/38.2-237\/","token":"38.2\/2\/38.2-237","metadata":false}],"previous_section":{"id":66293,"structure_id":14221,"section_number":"38.2-208","catch_line":"Limitation of risks generally","url":"\/38.2-208\/","token":"38.2\/2\/38.2-208","metadata":false},"next_section":{"id":57078,"structure_id":14221,"section_number":"38.2-210","catch_line":"Loans to officers, directors, etc., prohibited","url":"\/38.2-210\/","token":"38.2\/2\/38.2-210","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-209\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 576 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 562; in 2006, chapter 279<\/a>.<\/p>","references":[{"id":55347,"section_number":"38.2-4214","catch_line":"Application of certain provisions of law","order_by":null,"url":"\/38.2-4214\/"},{"id":67952,"section_number":"38.2-4319","catch_line":"Statutory construction and relationship to other laws","order_by":null,"url":"\/38.2-4319\/"},{"id":60078,"section_number":"38.2-4408","catch_line":"Application of certain provisions","order_by":null,"url":"\/38.2-4408\/"},{"id":62548,"section_number":"38.2-4509","catch_line":"Application of certain laws","order_by":null,"url":"\/38.2-4509\/"}],"refers_to":false,"permalink":{"id":213133,"object_type":"law","relational_id":71333,"identifier":"38.2-209","token":"38.2\/2\/38.2-209","url":"\/38.2-209\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-209\/","token":"38.2\/2\/38.2-209","dublin_core":{"Title":"Award of insured’s attorney fees in certain cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-209","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any provision of law<\/span> to the contrary, in any civil case in which an insured individual sues his insurer<\/span> to determine what coverage, if any, exists under his present policy or fidelity bond<\/span> or the extent to which his insurer<\/span> is liable for compensating a covered loss, the individual insured shall be entitled to recover from the insurer<\/span> costs and such reasonable attorney fees as the court<\/span> may award. However, these costs and attorney’s fees shall not be awarded unless the court<\/span> determines that the insurer<\/span>, 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<\/span>, group, business, company<\/span>, organization, receiver, trustee, security, corporation, partnership, association, or governmental body, and this definition is declaratory of existing policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this section shall be deemed to grant a right to bring an action against an insurer<\/span> by an insured who would otherwise lack standing to bring an action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> As used in this section, “insurer<\/span>” shall include “self-insurer<\/span>.” <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAWARD OF INSURED’S ATTORNEY FEES IN CERTAIN CASES (\u00a7 38.2-209)\n\nA. Notwithstanding any provision of law to the contrary, in any civil case in\nwhich an insured individual sues his insurer to determine what coverage, if any,\nexists under his present policy or fidelity bond or the extent to which his\ninsurer is liable for compensating a covered loss, the individual insured shall\nbe entitled to recover from the insurer costs and such reasonable attorney fees\nas the court may award. However, these costs and attorney’s fees shall not\nbe awarded unless the court determines that the insurer, not acting in good\nfaith, has either denied coverage or failed or refused to make payment to the\ninsured under the policy. “Individual,” as used in this section,\nshall mean and include any person, group, business, company, organization,\nreceiver, trustee, security, corporation, partnership, association, or\ngovernmental body, and this definition is declaratory of existing policy.\n\nB. Nothing in this section shall be deemed to grant a right to bring an action\nagainst an insurer by an insured who would otherwise lack standing to bring an\naction.\n\nC. As used in this section, “insurer” shall include\n“self-insurer.”\n\nHISTORY: 1982, c. 576, \u00a7 38.1-32.1; 1986, c. 562; 2006, c. 279.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}