{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-807.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-807.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-807.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-807.html"}],"law_id":362997,"edition_id":2,"section_id":362997,"structure_id":51814,"section_number":"38.2-807","catch_line":"Attorney fees","history":"1952, c. 317, \u00a7 38.1-70; 1986, c. 562; 2010, c. 343.","full_text":"A\n\nIn any action against an unlicensed insurer upon an insurance contract issued or delivered in this Commonwealth to a resident of this Commonwealth or to a corporation authorized to do business in this Commonwealth, the court may allow the plaintiff a reasonable attorney fee if (i) the insurer has failed to make payment in accordance with the terms of the contract for 30 days after demand prior to the commencement of the action and (ii) the court concludes that the refusal was vexatious and without reasonable cause. The fee shall not exceed 33 1\/3 percent of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer, but shall be at least $200.\n\nB\n\nFailure of the insurer to defend the action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.\n\n","order_by":null,"text":{"0":{"id":1352560,"text":"In any action against an unlicensed insurer upon an insurance contract issued or delivered in this Commonwealth to a resident of this Commonwealth or to a corporation authorized to do business in this Commonwealth, the court may allow the plaintiff a reasonable attorney fee if (i) the insurer has failed to make payment in accordance with the terms of the contract for 30 days after demand prior to the commencement of the action and (ii) the court concludes that the refusal was vexatious and without reasonable cause. The fee shall not exceed 33 1\/3 percent of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer, but shall be at least $200.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1352561,"text":"Failure of the insurer to defend the action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51814,"edition_id":2,"name":"Unlicensed Insurers Process","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":51813,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 02:49:17","date_modified":"2026-08-02 12:32:57","permalink":{"id":1445479,"object_type":"structure","relational_id":51814,"identifier":"1","token":"38.2\/8\/1","url":"\/38.2\/8\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51813,"edition_id":2,"name":"Service of Process","identifier":"8","label":"chapter","depth":2,"order_by":8,"parent_id":51644,"metadata":{"child_laws":16,"child_structures":3},"date_created":"2026-08-02 02:49:17","date_modified":"2026-08-02 12:32:57","permalink":{"id":1445477,"object_type":"structure","relational_id":51813,"identifier":"8","token":"38.2\/8","url":"\/38.2\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51644,"edition_id":2,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":88,"parent_id":null,"metadata":{"child_laws":1890,"child_structures":173},"date_created":"2026-08-02 02:45:30","date_modified":"2026-08-02 12:32:55","permalink":{"id":1437663,"object_type":"structure","relational_id":51644,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":362990,"structure_id":51814,"section_number":"38.2-800","catch_line":"Definition","url":"\/38.2-800\/","token":"38.2\/8\/1\/38.2-800","metadata":false},{"id":362991,"structure_id":51814,"section_number":"38.2-801","catch_line":"What constitutes appointment of agent for service of process","url":"\/38.2-801\/","token":"38.2\/8\/1\/38.2-801","metadata":false},{"id":362992,"structure_id":51814,"section_number":"38.2-802","catch_line":"How process served","url":"\/38.2-802\/","token":"38.2\/8\/1\/38.2-802","metadata":false},{"id":362993,"structure_id":51814,"section_number":"38.2-803","catch_line":"Alternate method of service","url":"\/38.2-803\/","token":"38.2\/8\/1\/38.2-803","metadata":false},{"id":362994,"structure_id":51814,"section_number":"38.2-804","catch_line":"Other legal service not limited","url":"\/38.2-804\/","token":"38.2\/8\/1\/38.2-804","metadata":false},{"id":362995,"structure_id":51814,"section_number":"38.2-805","catch_line":"When judgment may be entered","url":"\/38.2-805\/","token":"38.2\/8\/1\/38.2-805","metadata":{"court_decisions":""}},{"id":362996,"structure_id":51814,"section_number":"38.2-806","catch_line":"Defense of action by unlicensed insurer","url":"\/38.2-806\/","token":"38.2\/8\/1\/38.2-806","metadata":false},{"id":362997,"structure_id":51814,"section_number":"38.2-807","catch_line":"Attorney fees","url":"\/38.2-807\/","token":"38.2\/8\/1\/38.2-807","metadata":false}],"previous_section":{"id":362996,"structure_id":51814,"section_number":"38.2-806","catch_line":"Defense of action by unlicensed insurer","url":"\/38.2-806\/","token":"38.2\/8\/1\/38.2-806","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-807\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 317 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 1952 \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 2010, chapter 343<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1445509,"object_type":"law","relational_id":362997,"identifier":"38.2-807","token":"38.2\/8\/1\/38.2-807","url":"\/38.2-807\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-807\/","token":"38.2\/8\/1\/38.2-807","dublin_core":{"Title":"Attorney fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-807","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any action against an unlicensed insurer<\/span> upon an insurance<\/span> contract<\/span> issued or delivered in this Commonwealth to a resident of this Commonwealth or to a corporation authorized to do business in this Commonwealth, the court<\/span> may allow the plaintiff<\/span> a reasonable attorney fee if (i) the insurer<\/span> has failed to make payment in accordance with the terms of the contract<\/span> for 30 days after demand prior to the commencement of the action and (ii) the court<\/span> concludes that the refusal was vexatious and without reasonable cause. The fee shall not exceed 33 1\/3 percent of the amount that the court<\/span> or jury<\/span> finds the plaintiff<\/span> is entitled to recover against the insurer<\/span>, but shall be at least $200. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Failure of the insurer<\/span> to defend the action shall be deemed prima facie evidence<\/span> that its failure to make payment was vexatious and without reasonable cause. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nATTORNEY FEES (\u00a7 38.2-807)\n\nA. In any action against an unlicensed insurer upon an insurance contract issued\nor delivered in this Commonwealth to a resident of this Commonwealth or to a\ncorporation authorized to do business in this Commonwealth, the court may allow\nthe plaintiff a reasonable attorney fee if (i) the insurer has failed to make\npayment in accordance with the terms of the contract for 30 days after demand\nprior to the commencement of the action and (ii) the court concludes that the\nrefusal was vexatious and without reasonable cause. The fee shall not exceed 33\n1\/3 percent of the amount that the court or jury finds the plaintiff is entitled\nto recover against the insurer, but shall be at least $200.\n\nB. Failure of the insurer to defend the action shall be deemed prima facie\nevidence that its failure to make payment was vexatious and without reasonable\ncause.\n\nHISTORY: 1952, c. 317, \u00a7 38.1-70; 1986, c. 562; 2010, c. 343.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}