Virginia Code
Va. Code Ann. § 38.2-209 (2026)
Award of insured's attorney fees in certain cases
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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."
1982, c. 576, § 38.1-32.1; 1986, c. 562; 2006, c. 279.
Notes of Decisions
Cited in 61
cases (10 in the last 5 years), 1986–2024 · leading case: REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015).
REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015). “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.”
Tiger Fibers, LLC v. Aspen Specialty Ins., 594 F. Supp. 2d 630 (E.D. Va. 2009). “Aspen also argues that the Plaintiffs’ other coverage claim for personal property damage is not ripe for adjudication and that Plaintiffs are not entitled to recover costs and attorney’s fees pursuant to Va. Code Ann. § 38.2-209 , which provides for such an award where the court…”
Saint John's African Methodist Episcopal Church v. Guideone Specialty Mut. Ins., 902 F. Supp. 2d 783 (E.D. Va. 2012). “The Complaint also asserts a right to recover attorneys’ fees and costs under Virginia Code § 38.2-209. Section 38.2-209 provides: Notwithstanding any provision of law to the contrary, in any civil case in which an insured individual sues his insurer to determine what coverage,…”
Seneca Ins. v. Shipping Boxes I, LLC, 30 F. Supp. 3d 506 (E.D. Va. 2014). “In its Amended Counterclaim, Shipping Boxes I demands attorneys’ fees pursuant to Va.Code § 38.2-209, which provides: 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,…”
US Airways, Inc. v. Commonwealth Ins., 64 Va. Cir. 408 (Arlington Cir. Ct. 2004). “In opposition, US Airways relies on Virginia Code § 38.2-209. Under § 38.2-209, an insured may seek attorney’s fees and costs from an insurer when it is proven that the insurer acted in bad faith by denying coverage under the policy.”
Nationwide Mut. Ins. v. St. John, 524 S.E.2d 649 (Va. 2000). “First, although we have not previously considered the principles to be applied by a trial judge when considering whether an insurer acted in bad faith within the meaning of § 8.”
Lambert v. Sea Oats Condo. Ass'n, 798 S.E.2d 177 (Va. 2017). “2d 808 , 813-14 (2015) (concluding that by expressly authorizing only the "court" to award reasonable attorney's fees in Code § 38.2-209(A), the General Assembly intended to exclude a jury).”
Cradle v. Monumental Life Ins., 354 F. Supp. 2d 632 (E.D. Va. 2005). “Virginia law provides that: in any civil case in which an insured individual sues his insurer to determine what coverage, if any, exists under his present policy or bond or the extent to which his insurer is liable for compensating a covered loss, the individual insured shall be…”
Hhs Assocs. v. Assurence Co. of Am., 256 F. Supp. 2d 505 (E.D. Va. 2003). “Denial of Coverage HHC asserts that Assurance engaged in bad faith by failing to reasonably investigate the underlying facts of HHC’s loss and by delaying its denial of HHC’s claim, in violation of Virginia Code § 38.2-209. Specifically, HHC argues that Assurance’s requests for,…”
Wilson v. State Farm Fire & Cas. Co., 79 Va. Cir. 591 (Roanoke County Cir. Ct. 2009). “Thus, in addition to seeking a declaration that State Farm has a duty to defend and indemnify him for the losses sustained as a result of the fire, Wilson asks the court to award him costs and attorney’s fees under Va. Code § 38.2-209. II. Discussion A. Wilson’s Motions in…”
Suntrust Mortg., Inc. v. United Guar. Residential Ins., 806 F. Supp. 2d 872 (E.D. Va. 2011). “54 The Settlement Agreement thus effected a settlement on ST’s claim for attorney’s fees and costs pursuant to Va.Code § 38.2-209 due on account of UG’s refusal to pay the insurance on the loans at issue in Count I of the TAC.”
One Beacon Ins. v. JNB Storage Trailer Rental Corp., 312 F. Supp. 2d 824 (E.D. Va. 2004). “On November 12, 2003, JNB, a Virginia company with its principal place of business in Chesapeake, Virginia, filed an answer to the amended complaint, and also filed counterclaims against One Beacon for breach of the insurance contract and for failure to act in good faith, under…”
Va. Code Ann. § 38.2-209(A): 14 cases
REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015). “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.”
Lambert v. Sea Oats Condo. Ass'n, 798 S.E.2d 177 (Va. 2017). “2d 808 , 813-14 (2015) (concluding that by expressly authorizing only the "court" to award reasonable attorney's fees in Code § 38.2-209(A), the General Assembly intended to exclude a jury).”
Saint John's African Methodist Episcopal Church v. Guideone Specialty Mut. Ins., 902 F. Supp. 2d 783 (E.D. Va. 2012). “The Complaint also asserts a right to recover attorneys’ fees and costs under Virginia Code § 38.2-209. Section 38.2-209 provides: Notwithstanding any provision of law to the contrary, in any civil case in which an insured individual sues his insurer to determine what coverage,…”
Scottsdale Ins. v. Glick, 397 S.E.2d 105 (Va. 1990).
Cradle v. Monumental Life Ins., 354 F. Supp. 2d 632 (E.D. Va. 2005). “Virginia law provides that: in any civil case in which an insured individual sues his insurer to determine what coverage, if any, exists under his present policy or bond or the extent to which his insurer is liable for compensating a covered loss, the individual insured shall be…”
Va. Code Ann. § 38.2-209(B): 3 cases
REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015). “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.”
Saint John's African Methodist Episcopal Church v. Guideone Specialty Mut. Ins., 902 F. Supp. 2d 783 (E.D. Va. 2012). “The Complaint also asserts a right to recover attorneys’ fees and costs under Virginia Code § 38.2-209. Section 38.2-209 provides: Notwithstanding any provision of law to the contrary, in any civil case in which an insured individual sues his insurer to determine what coverage,…”
Manu v. GEICO Cas. Co., 93 Va. Cir. 59 (Fairfax Cir. Ct. 2016).
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