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REVI, LLC v. CHICAGO TITLE INS. CO.

Record No. 141562.

776 S.E.2d 808 (2015)

REVI, LLC v. CHICAGO TITLE INSURANCE COMPANY.

Supreme Court of Virginia.

September 17, 2015.

Attorney(s) appearing for the Case

Michael S. Dingman , Falls Church ( Tillman J. Breckenridge ; Brent R. Gary ; Falls Church, Reed Smith , on briefs), for appellant.

Jennifer A. Brust ( James B. Davis ; William E. Evans ; Bean, Kinney & Korman, on brief), Arlington, for appellee.

Present: LEMONS, C.J., GOODWYN, MIMS, McCLANAHAN, POWELL, and KELSEY, JJ., and MILLETTE, S.J.

In this appeal, we consider whether Code § 38.2-209(A) requires a trial judge, rather than a jury, to determine whether an insurer committed a bad faith breach of an insurance contract warranting an award of attorney's fees to the insured.

I. BACKGROUND AND MATERIAL PROCEEDINGS

In 2000,...

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