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Title claim leads to determination of who awards attorney fees
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Court Report
Thursday, September 24, 2015
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A landowner filed a complaint alleging its title insurer breached the title insurance policy, acted in bad faith. The landowner demanded a jury trial on all counts. After a jury found that the insurer had breached the policy in bad faith and awarded attorney fees, the Circuit Court of Fairfax County, Va., vacated the attorney fee award and concluded the insurer had not acted in bad faith. The landowner appealed and the Supreme Court of Virginia heard the case to address whether a jury or judge could determine whether an insurer committed a bad faith breach of an insurance contract warranting an award of attorney’s fees to the insured.
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