Insurance; jury award of attorney fees for bad faith. (SB171)

Introduced By

Sen. Scott Surovell (D-Mount Vernon) with support from co-patron Sen. Chap Petersen (D-Fairfax)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Insurance; jury award of attorney fees for bad faith. Provides that in certain civil causes of action involving insurance contracts, either the court or the jury may award attorney fees upon a finding of bad faith. The bill is in response to the Supreme Court of Virginia's decision in REVI, LLC v. Chi. Title Ins. Co., 2015 LEXIS 114, which held that the term "court" meant trial judge and did not include a jury. The bill further provides that it shall not be interpreted to create a presumption that the term "court" as used elsewhere in the Code necessarily excludes a jury. Amends § 38.2-209, § 38.2-807, of the Code of Virginia. Read the Bill »


Bill Has Failed


12/30/2015Prefiled and ordered printed; offered 01/13/16 16100421D
12/30/2015Referred to Committee for Courts of Justice
02/03/2016Committee amendments
02/03/2016Passed by indefinitely in Courts of Justice (9-Y 6-N) (see vote tally)