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AMERICAN SPIRIT INS. CO. v. OWENS

Record No. 000767.

541 S.E.2d 553 (2001)

AMERICAN SPIRIT INSURANCE COMPANY v. Foy OWENS, d/b/a Patrick Henry Insurance Agency.

Supreme Court of Virginia.

March 2, 2001.

Attorney(s) appearing for the Case

Leisa Kube Ciaffone (Guy M. Harbert, III; Mary Beth Nash; Gentry Locke, Rakes & Moore, on briefs), Roanoke, for appellant.

James N.L. Humphreys (Hunter, Smith & Davis, on brief), for appellee.

Present: CARRICO, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ.

KOONTZ, Justice.

In this appeal, we consider whether the indemnification provisions contained in an agency agreement between an insurance company and its agent provide for recovery of attorney's fees and other expenses related to litigation of claims made on an insurance policy issued by the agent in breach of the agency agreement.

BACKGROUND

The parties do not dispute the material facts. On July 4, 1994...

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