§ 38.2-2204. Liability insurance on motor vehicles, aircraft and watercraft;standard provisions; "omnibus clause.".
A. No policy or contract of bodily injury or property damage liabilityinsurance, covering liability arising from the ownership, maintenance, or useof any motor vehicle, aircraft, or private pleasure watercraft, shall beissued or delivered in this Commonwealth to the owner of such vehicle,aircraft or watercraft, or shall be issued or delivered by any insurerlicensed in this Commonwealth upon any motor vehicle, aircraft, or privatepleasure watercraft that is principally garaged, docked, or used in thisCommonwealth, unless the policy contains a provision insuring the namedinsured, and any other person using or responsible for the use of the motorvehicle, aircraft, or private pleasure watercraft with the expressed orimplied consent of the named insured, against liability for death or injurysustained, or loss or damage incurred within the coverage of the policy orcontract as a result of negligence in the operation or use of such vehicle,aircraft, or watercraft by the named insured or by any such person; however,nothing contained in this section shall be deemed to prohibit an insurer fromlimiting its liability under any one policy for bodily injury or propertydamage resulting from any one accident or occurrence to the liability limitsfor such coverage set forth in the policy for any such accident or occurrenceor for any one person, regardless of the number of insureds under thatpolicy. Provided that, when one accident or occurrence involves more than onedefendant who is covered by the policy, the plaintiff may recover the perperson limit of the policy against each such defendant, subject to the peraccident or occurrence limit of the policy. Each such policy or contract ofliability insurance, or endorsement to the policy or contract, insuringprivate passenger automobiles, aircraft, or private pleasure watercraftprincipally garaged, docked, or used in this Commonwealth, that has as thenamed insured an individual or husband and wife and that includes, withrespect to any liability insurance provided by the policy, contract orendorsement for use of a nonowned automobile, aircraft or private pleasurewatercraft, any provision requiring permission or consent of the owner ofsuch automobile, aircraft, or private pleasure watercraft for the insuranceto apply, shall be construed to include permission or consent of thecustodian in the provision requiring permission or consent of the owner.
B. Notwithstanding any requirements in this section to the contrary, aninsurer may exclude any person from coverage under a personal umbrella orexcess policy, if the exclusion is requested in writing by the first namedinsured and is acknowledged in writing by the excluded driver.
C. For aircraft liability insurance, such policy or contract may contain theexclusions listed in § 38.2-2227. Notwithstanding the provisions of thissection or any other provisions of law, no policy or contract shall requirepilot experience greater than that prescribed by the Federal AviationAdministration, except for pilots operating air taxis, or pilots operatingaircraft applying chemicals, seed, or fertilizer.
D. No policy or contract of bodily injury or property damage liabilityinsurance relating to the ownership, maintenance, or use of a motor vehicleshall be issued or delivered in this Commonwealth to the owner of suchvehicle or shall be issued or delivered by an insurer licensed in thisCommonwealth upon any motor vehicle principally garaged or used in thisCommonwealth without an endorsement or provision insuring the named insured,and any other person using or responsible for the use of the motor vehiclewith the expressed or implied consent of the named insured, against liabilityfor death or injury sustained, or loss or damage incurred within the coverageof the policy or contract as a result of negligence in the operation or useof the motor vehicle by the named insured or by any other such person;however, nothing contained in this section shall be deemed to prohibit aninsurer from limiting its liability under any one policy for bodily injury orproperty damage resulting from any one accident or occurrence to theliability limits for such coverage set forth in the policy for any suchaccident or occurrence or for any one person regardless of the number ofinsureds under that policy. Provided that, when one accident or occurrenceinvolves more than one defendant who is covered by the policy, the plaintiffmay recover the per person limit of the policy against each such defendant,subject to the per accident or occurrence limit of the policy. This provisionshall apply notwithstanding the failure or refusal of the named insured orsuch other person to cooperate with the insurer under the terms of thepolicy. If the failure or refusal to cooperate prejudices the insurer in thedefense of an action for damages arising from the operation or use of suchinsured motor vehicle, then the endorsement or provision shall be void. If aninsurer has actual notice of a motion for judgment or complaint having beenserved on an insured, the mere failure of the insured to turn the motion orcomplaint over to the insurer shall not be a defense to the insurer, nor voidthe endorsement or provision, nor in any way relieve the insurer of itsobligations to the insured, provided the insured otherwise cooperates and inno way prejudices the insurer.
Where the insurer has elected to provide a defense to its insured under suchcircumstances and files responsive pleadings in the name of its insured, theinsured shall not be subject to sanctions for failure to comply withdiscovery pursuant to Part Four of the Rules of the Supreme Court of Virginiaunless it can be shown that the suit papers actually reached the insured, andthat the insurer has failed after exercising due diligence to locate itsinsured, and as long as the insurer provides such information in response todiscovery as it can without the assistance of the insured.
E. Any endorsement, provision or rider attached to or included in any suchpolicy of insurance which purports or seeks to limit or reduce the coverageafforded by the provisions required by this section shall be void, except aninsurer may exclude such coverage as is afforded by this section, where suchcoverage would inure to the benefit of the United States Government or anyagency or subdivision thereof under the provisions of the Federal Tort ClaimsAct, the Federal Drivers Act and Public Law 86-654 District of ColumbiaEmployee Non-Liability Act, or to the benefit of the Commonwealth under theprovisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and theself-insurance plan established by the Department of General Servicespursuant to § 2.2-1837 for any state employee who, in the regular course ofhis employment, transports patients in his own personal vehicle.
(Code 1950, § 38-238; 1952, c. 317, § 38.1-381; 1958, c. 282; 1959, Ex.Sess., cc. 42, 70; 1970, c. 462; 1962, c. 457; 1964, c. 477; 1966, cc. 182,459; 1968, cc. 199, 721; 1970, c. 494; 1971, Ex. Sess., c. 216; 1973, cc.225, 390; 1974, c. 87; 1976, cc. 121, 122; 1977, c. 78; 1979, c. 113; 1980,cc. 326, 331; 1981, Sp. Sess., c. 6; 1982, cc. 638, 642; 1984, c. 541; 1985,cc. 39, 325; 1986, cc. 544, 562; 1992, c. 140; 1995, c. 652; 1999, c. 4;2003, cc. 756, 761; 2005, c. 771.)
§ 38.2-2204. Liability insurance on motor vehicles, aircraft and watercraft;standard provisions; "omnibus clause.".
A. No policy or contract of bodily injury or property damage liabilityinsurance, covering liability arising from the ownership, maintenance, or useof any motor vehicle, aircraft, or private pleasure watercraft, shall beissued or delivered in this Commonwealth to the owner of such vehicle,aircraft or watercraft, or shall be issued or delivered by any insurerlicensed in this Commonwealth upon any motor vehicle, aircraft, or privatepleasure watercraft that is principally garaged, docked, or used in thisCommonwealth, unless the policy contains a provision insuring the namedinsured, and any other person using or responsible for the use of the motorvehicle, aircraft, or private pleasure watercraft with the expressed orimplied consent of the named insured, against liability for death or injurysustained, or loss or damage incurred within the coverage of the policy orcontract as a result of negligence in the operation or use of such vehicle,aircraft, or watercraft by the named insured or by any such person; however,nothing contained in this section shall be deemed to prohibit an insurer fromlimiting its liability under any one policy for bodily injury or propertydamage resulting from any one accident or occurrence to the liability limitsfor such coverage set forth in the policy for any such accident or occurrenceor for any one person, regardless of the number of insureds under thatpolicy. Provided that, when one accident or occurrence involves more than onedefendant who is covered by the policy, the plaintiff may recover the perperson limit of the policy against each such defendant, subject to the peraccident or occurrence limit of the policy. Each such policy or contract ofliability insurance, or endorsement to the policy or contract, insuringprivate passenger automobiles, aircraft, or private pleasure watercraftprincipally garaged, docked, or used in this Commonwealth, that has as thenamed insured an individual or husband and wife and that includes, withrespect to any liability insurance provided by the policy, contract orendorsement for use of a nonowned automobile, aircraft or private pleasurewatercraft, any provision requiring permission or consent of the owner ofsuch automobile, aircraft, or private pleasure watercraft for the insuranceto apply, shall be construed to include permission or consent of thecustodian in the provision requiring permission or consent of the owner.
B. Notwithstanding any requirements in this section to the contrary, aninsurer may exclude any person from coverage under a personal umbrella orexcess policy, if the exclusion is requested in writing by the first namedinsured and is acknowledged in writing by the excluded driver.
C. For aircraft liability insurance, such policy or contract may contain theexclusions listed in § 38.2-2227. Notwithstanding the provisions of thissection or any other provisions of law, no policy or contract shall requirepilot experience greater than that prescribed by the Federal AviationAdministration, except for pilots operating air taxis, or pilots operatingaircraft applying chemicals, seed, or fertilizer.
D. No policy or contract of bodily injury or property damage liabilityinsurance relating to the ownership, maintenance, or use of a motor vehicleshall be issued or delivered in this Commonwealth to the owner of suchvehicle or shall be issued or delivered by an insurer licensed in thisCommonwealth upon any motor vehicle principally garaged or used in thisCommonwealth without an endorsement or provision insuring the named insured,and any other person using or responsible for the use of the motor vehiclewith the expressed or implied consent of the named insured, against liabilityfor death or injury sustained, or loss or damage incurred within the coverageof the policy or contract as a result of negligence in the operation or useof the motor vehicle by the named insured or by any other such person;however, nothing contained in this section shall be deemed to prohibit aninsurer from limiting its liability under any one policy for bodily injury orproperty damage resulting from any one accident or occurrence to theliability limits for such coverage set forth in the policy for any suchaccident or occurrence or for any one person regardless of the number ofinsureds under that policy. Provided that, when one accident or occurrenceinvolves more than one defendant who is covered by the policy, the plaintiffmay recover the per person limit of the policy against each such defendant,subject to the per accident or occurrence limit of the policy. This provisionshall apply notwithstanding the failure or refusal of the named insured orsuch other person to cooperate with the insurer under the terms of thepolicy. If the failure or refusal to cooperate prejudices the insurer in thedefense of an action for damages arising from the operation or use of suchinsured motor vehicle, then the endorsement or provision shall be void. If aninsurer has actual notice of a motion for judgment or complaint having beenserved on an insured, the mere failure of the insured to turn the motion orcomplaint over to the insurer shall not be a defense to the insurer, nor voidthe endorsement or provision, nor in any way relieve the insurer of itsobligations to the insured, provided the insured otherwise cooperates and inno way prejudices the insurer.
Where the insurer has elected to provide a defense to its insured under suchcircumstances and files responsive pleadings in the name of its insured, theinsured shall not be subject to sanctions for failure to comply withdiscovery pursuant to Part Four of the Rules of the Supreme Court of Virginiaunless it can be shown that the suit papers actually reached the insured, andthat the insurer has failed after exercising due diligence to locate itsinsured, and as long as the insurer provides such information in response todiscovery as it can without the assistance of the insured.
E. Any endorsement, provision or rider attached to or included in any suchpolicy of insurance which purports or seeks to limit or reduce the coverageafforded by the provisions required by this section shall be void, except aninsurer may exclude such coverage as is afforded by this section, where suchcoverage would inure to the benefit of the United States Government or anyagency or subdivision thereof under the provisions of the Federal Tort ClaimsAct, the Federal Drivers Act and Public Law 86-654 District of ColumbiaEmployee Non-Liability Act, or to the benefit of the Commonwealth under theprovisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and theself-insurance plan established by the Department of General Servicespursuant to § 2.2-1837 for any state employee who, in the regular course ofhis employment, transports patients in his own personal vehicle.
(Code 1950, § 38-238; 1952, c. 317, § 38.1-381; 1958, c. 282; 1959, Ex.Sess., cc. 42, 70; 1970, c. 462; 1962, c. 457; 1964, c. 477; 1966, cc. 182,459; 1968, cc. 199, 721; 1970, c. 494; 1971, Ex. Sess., c. 216; 1973, cc.225, 390; 1974, c. 87; 1976, cc. 121, 122; 1977, c. 78; 1979, c. 113; 1980,cc. 326, 331; 1981, Sp. Sess., c. 6; 1982, cc. 638, 642; 1984, c. 541; 1985,cc. 39, 325; 1986, cc. 544, 562; 1992, c. 140; 1995, c. 652; 1999, c. 4;2003, cc. 756, 761; 2005, c. 771.)
§ 38.2-2204. Liability insurance on motor vehicles, aircraft and watercraft;standard provisions; "omnibus clause.".
A. No policy or contract of bodily injury or property damage liabilityinsurance, covering liability arising from the ownership, maintenance, or useof any motor vehicle, aircraft, or private pleasure watercraft, shall beissued or delivered in this Commonwealth to the owner of such vehicle,aircraft or watercraft, or shall be issued or delivered by any insurerlicensed in this Commonwealth upon any motor vehicle, aircraft, or privatepleasure watercraft that is principally garaged, docked, or used in thisCommonwealth, unless the policy contains a provision insuring the namedinsured, and any other person using or responsible for the use of the motorvehicle, aircraft, or private pleasure watercraft with the expressed orimplied consent of the named insured, against liability for death or injurysustained, or loss or damage incurred within the coverage of the policy orcontract as a result of negligence in the operation or use of such vehicle,aircraft, or watercraft by the named insured or by any such person; however,nothing contained in this section shall be deemed to prohibit an insurer fromlimiting its liability under any one policy for bodily injury or propertydamage resulting from any one accident or occurrence to the liability limitsfor such coverage set forth in the policy for any such accident or occurrenceor for any one person, regardless of the number of insureds under thatpolicy. Provided that, when one accident or occurrence involves more than onedefendant who is covered by the policy, the plaintiff may recover the perperson limit of the policy against each such defendant, subject to the peraccident or occurrence limit of the policy. Each such policy or contract ofliability insurance, or endorsement to the policy or contract, insuringprivate passenger automobiles, aircraft, or private pleasure watercraftprincipally garaged, docked, or used in this Commonwealth, that has as thenamed insured an individual or husband and wife and that includes, withrespect to any liability insurance provided by the policy, contract orendorsement for use of a nonowned automobile, aircraft or private pleasurewatercraft, any provision requiring permission or consent of the owner ofsuch automobile, aircraft, or private pleasure watercraft for the insuranceto apply, shall be construed to include permission or consent of thecustodian in the provision requiring permission or consent of the owner.
B. Notwithstanding any requirements in this section to the contrary, aninsurer may exclude any person from coverage under a personal umbrella orexcess policy, if the exclusion is requested in writing by the first namedinsured and is acknowledged in writing by the excluded driver.
C. For aircraft liability insurance, such policy or contract may contain theexclusions listed in § 38.2-2227. Notwithstanding the provisions of thissection or any other provisions of law, no policy or contract shall requirepilot experience greater than that prescribed by the Federal AviationAdministration, except for pilots operating air taxis, or pilots operatingaircraft applying chemicals, seed, or fertilizer.
D. No policy or contract of bodily injury or property damage liabilityinsurance relating to the ownership, maintenance, or use of a motor vehicleshall be issued or delivered in this Commonwealth to the owner of suchvehicle or shall be issued or delivered by an insurer licensed in thisCommonwealth upon any motor vehicle principally garaged or used in thisCommonwealth without an endorsement or provision insuring the named insured,and any other person using or responsible for the use of the motor vehiclewith the expressed or implied consent of the named insured, against liabilityfor death or injury sustained, or loss or damage incurred within the coverageof the policy or contract as a result of negligence in the operation or useof the motor vehicle by the named insured or by any other such person;however, nothing contained in this section shall be deemed to prohibit aninsurer from limiting its liability under any one policy for bodily injury orproperty damage resulting from any one accident or occurrence to theliability limits for such coverage set forth in the policy for any suchaccident or occurrence or for any one person regardless of the number ofinsureds under that policy. Provided that, when one accident or occurrenceinvolves more than one defendant who is covered by the policy, the plaintiffmay recover the per person limit of the policy against each such defendant,subject to the per accident or occurrence limit of the policy. This provisionshall apply notwithstanding the failure or refusal of the named insured orsuch other person to cooperate with the insurer under the terms of thepolicy. If the failure or refusal to cooperate prejudices the insurer in thedefense of an action for damages arising from the operation or use of suchinsured motor vehicle, then the endorsement or provision shall be void. If aninsurer has actual notice of a motion for judgment or complaint having beenserved on an insured, the mere failure of the insured to turn the motion orcomplaint over to the insurer shall not be a defense to the insurer, nor voidthe endorsement or provision, nor in any way relieve the insurer of itsobligations to the insured, provided the insured otherwise cooperates and inno way prejudices the insurer.
Where the insurer has elected to provide a defense to its insured under suchcircumstances and files responsive pleadings in the name of its insured, theinsured shall not be subject to sanctions for failure to comply withdiscovery pursuant to Part Four of the Rules of the Supreme Court of Virginiaunless it can be shown that the suit papers actually reached the insured, andthat the insurer has failed after exercising due diligence to locate itsinsured, and as long as the insurer provides such information in response todiscovery as it can without the assistance of the insured.
E. Any endorsement, provision or rider attached to or included in any suchpolicy of insurance which purports or seeks to limit or reduce the coverageafforded by the provisions required by this section shall be void, except aninsurer may exclude such coverage as is afforded by this section, where suchcoverage would inure to the benefit of the United States Government or anyagency or subdivision thereof under the provisions of the Federal Tort ClaimsAct, the Federal Drivers Act and Public Law 86-654 District of ColumbiaEmployee Non-Liability Act, or to the benefit of the Commonwealth under theprovisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and theself-insurance plan established by the Department of General Servicespursuant to § 2.2-1837 for any state employee who, in the regular course ofhis employment, transports patients in his own personal vehicle.
(Code 1950, § 38-238; 1952, c. 317, § 38.1-381; 1958, c. 282; 1959, Ex.Sess., cc. 42, 70; 1970, c. 462; 1962, c. 457; 1964, c. 477; 1966, cc. 182,459; 1968, cc. 199, 721; 1970, c. 494; 1971, Ex. Sess., c. 216; 1973, cc.225, 390; 1974, c. 87; 1976, cc. 121, 122; 1977, c. 78; 1979, c. 113; 1980,cc. 326, 331; 1981, Sp. Sess., c. 6; 1982, cc. 638, 642; 1984, c. 541; 1985,cc. 39, 325; 1986, cc. 544, 562; 1992, c. 140; 1995, c. 652; 1999, c. 4;2003, cc. 756, 761; 2005, c. 771.)
