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.
Structure Code of Virginia
Chapter 2 - Provisions of a General Nature
§ 38.2-200. General powers of the Commission relative to insurance
§ 38.2-201. Recommendations by Commission to General Assembly
§ 38.2-202. Regulation of solicitation of proxies, consents and authorizations
§ 38.2-203. Management and exclusive agency contracts subject to approval by Commission
§ 38.2-205.1. Temporary contracts of insurance permitted
§ 38.2-206. Corporations as members of mutual insurers
§ 38.2-207. Enforcement of right of subrogation in name of insured
§ 38.2-208. Limitation of risks generally
§ 38.2-209. Award of insured's attorney fees in certain cases
§ 38.2-210. Loans to officers, directors, etc., prohibited
§ 38.2-211. Other interests and payments to officers, directors, etc., prohibited
§ 38.2-212. Certain compensation not prohibited
§ 38.2-213. Violation of § 38.2-210 or § 38.2-211
§ 38.2-214. Restrictions upon purchase and sale of equity securities of domestic stock insurers
§ 38.2-216. Restrictions on removal or transfer of property and on reinsurance; penalty
§ 38.2-217. When assets may not be distributed among stockholders
§ 38.2-218. Penalties and restitution payments
§ 38.2-219. Violations; procedure; cease and desist orders
§ 38.2-221. Enforcement of penalties
§ 38.2-221.1. Confidentiality of information
§ 38.2-221.2. Treatment of confidential information pursuant to federal law
§ 38.2-221.3. Confidentiality of applications and investigations
§ 38.2-223. Rules and regulations; orders
§ 38.2-225. Disposition of fines and penalties
§ 38.2-226. Provisions of title not to apply to certain mutual aid associations
§ 38.2-226.2. Provisions of title not applicable to certain long-term care health plans
§ 38.2-227. Public policy regarding punitive damages
§ 38.2-228. Proof of future financial responsibility
§ 38.2-229. Immunity from liability
§ 38.2-230. Distributions by nonstock corporation
§ 38.2-234. Release of information
§ 38.2-235. Liability insurance; carbon monoxide exclusions