State Codes and Statutes

Statutes > Virginia > Title-38-2 > Chapter-22 > 38-2-2205

§ 38.2-2205. Liability insurance on motor vehicles; standard provisions;applicability of other valid and collectible insurance.

A. 1. Each policy or contract of bodily injury or property damage liabilityinsurance which provides insurance to a named insured in connection with thebusiness of selling, leasing, repairing, servicing, storing or parking motorvehicles, against liability arising from the ownership, maintenance, or useof any motor vehicle incident thereto shall contain a provision that theinsurance coverage applicable to those motor vehicles shall not be applicableto a person other than the named insured and his employees in the course oftheir employment if there is any other valid and collectible insuranceapplicable to the same loss covering the other person under a policy withlimits at least equal to the financial responsibility requirements specifiedin § 46.2-472. Such provision shall apply to motor vehicles which are eitherfor the purpose of demonstrating to the other person as a prospectivepurchaser, or which are loaned or leased to the other person as a convenienceduring the repairing or servicing of a motor vehicle for the other person, orleased to the other person for a period of six months or more. Thisprovision shall apply whether such repair or service is performed by theowner of the vehicle being loaned or leased or by some other person orbusiness.

2. If the other valid and collectible insurance has limits less than thefinancial responsibility requirements specified in § 46.2-472, then thecoverage afforded a person other than the named insured and his employees inthe course of their employment shall be applicable to the extent necessary toequal the financial responsibility requirements specified in § 46.2-472.

3. If there is no other valid and collectible insurance available, thecoverage under such policy afforded a person, other than the named insuredand his employees in the course of their employment, shall be applicable, butthe amount recoverable in such case shall not exceed the financialresponsibility requirements specified in § 46.2-472. If there is no othervalid and collectible collision or upset insurance available and if suchpolicy provides insurance to the named insured for collision or upset, itshall include any such other person as an additional insured, unless in thecase of a leased vehicle such other person receives a conspicuous writtendisclosure at the commencement of the lease, warning such person that he isnot an additional insured under the owner's policy for collision or upsetcoverage.

B. 1. Any policy or contract of bodily injury or property damage liabilityinsurance relating to the ownership, maintenance, or use of a motor vehicleshall exclude coverage to persons other than (i) the named insured, or (ii)directors, stockholders, partners, agents, or employees of the named insured,or (iii) residents of the household of either (i) or (ii), while thosepersons are employed or otherwise engaged in the business of selling,repairing, servicing, storing, or parking motor vehicles if there is anyother valid or collectible insurance applicable to the same loss covering thepersons under a policy with limits at least equal to the financialresponsibility requirements specified in § 46.2-472.

2. If the other valid and collectible insurance has limits less than thefinancial responsibility requirements specified in § 46.2-472, then thecoverage afforded a person other than the named insured while that person isemployed or otherwise engaged in the business of selling, repairing,servicing, storing, or parking motor vehicles shall be applicable to theextent necessary to equal the financial responsibility requirements specifiedin § 46.2-472.

3. If there is no other valid and collectible insurance available, thecoverage afforded a person other than the named insured while that person isemployed or otherwise engaged in the business of selling, repairing,servicing, storing, or parking motor vehicles shall apply, but the amountrecoverable shall not exceed the financial responsibility requirementsspecified in § 46.2-472.

(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, c. 562; 1987, c. 685; 1992, c. 474.)

State Codes and Statutes

Statutes > Virginia > Title-38-2 > Chapter-22 > 38-2-2205

§ 38.2-2205. Liability insurance on motor vehicles; standard provisions;applicability of other valid and collectible insurance.

A. 1. Each policy or contract of bodily injury or property damage liabilityinsurance which provides insurance to a named insured in connection with thebusiness of selling, leasing, repairing, servicing, storing or parking motorvehicles, against liability arising from the ownership, maintenance, or useof any motor vehicle incident thereto shall contain a provision that theinsurance coverage applicable to those motor vehicles shall not be applicableto a person other than the named insured and his employees in the course oftheir employment if there is any other valid and collectible insuranceapplicable to the same loss covering the other person under a policy withlimits at least equal to the financial responsibility requirements specifiedin § 46.2-472. Such provision shall apply to motor vehicles which are eitherfor the purpose of demonstrating to the other person as a prospectivepurchaser, or which are loaned or leased to the other person as a convenienceduring the repairing or servicing of a motor vehicle for the other person, orleased to the other person for a period of six months or more. Thisprovision shall apply whether such repair or service is performed by theowner of the vehicle being loaned or leased or by some other person orbusiness.

2. If the other valid and collectible insurance has limits less than thefinancial responsibility requirements specified in § 46.2-472, then thecoverage afforded a person other than the named insured and his employees inthe course of their employment shall be applicable to the extent necessary toequal the financial responsibility requirements specified in § 46.2-472.

3. If there is no other valid and collectible insurance available, thecoverage under such policy afforded a person, other than the named insuredand his employees in the course of their employment, shall be applicable, butthe amount recoverable in such case shall not exceed the financialresponsibility requirements specified in § 46.2-472. If there is no othervalid and collectible collision or upset insurance available and if suchpolicy provides insurance to the named insured for collision or upset, itshall include any such other person as an additional insured, unless in thecase of a leased vehicle such other person receives a conspicuous writtendisclosure at the commencement of the lease, warning such person that he isnot an additional insured under the owner's policy for collision or upsetcoverage.

B. 1. Any policy or contract of bodily injury or property damage liabilityinsurance relating to the ownership, maintenance, or use of a motor vehicleshall exclude coverage to persons other than (i) the named insured, or (ii)directors, stockholders, partners, agents, or employees of the named insured,or (iii) residents of the household of either (i) or (ii), while thosepersons are employed or otherwise engaged in the business of selling,repairing, servicing, storing, or parking motor vehicles if there is anyother valid or collectible insurance applicable to the same loss covering thepersons under a policy with limits at least equal to the financialresponsibility requirements specified in § 46.2-472.

2. If the other valid and collectible insurance has limits less than thefinancial responsibility requirements specified in § 46.2-472, then thecoverage afforded a person other than the named insured while that person isemployed or otherwise engaged in the business of selling, repairing,servicing, storing, or parking motor vehicles shall be applicable to theextent necessary to equal the financial responsibility requirements specifiedin § 46.2-472.

3. If there is no other valid and collectible insurance available, thecoverage afforded a person other than the named insured while that person isemployed or otherwise engaged in the business of selling, repairing,servicing, storing, or parking motor vehicles shall apply, but the amountrecoverable shall not exceed the financial responsibility requirementsspecified in § 46.2-472.

(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, c. 562; 1987, c. 685; 1992, c. 474.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-38-2 > Chapter-22 > 38-2-2205

§ 38.2-2205. Liability insurance on motor vehicles; standard provisions;applicability of other valid and collectible insurance.

A. 1. Each policy or contract of bodily injury or property damage liabilityinsurance which provides insurance to a named insured in connection with thebusiness of selling, leasing, repairing, servicing, storing or parking motorvehicles, against liability arising from the ownership, maintenance, or useof any motor vehicle incident thereto shall contain a provision that theinsurance coverage applicable to those motor vehicles shall not be applicableto a person other than the named insured and his employees in the course oftheir employment if there is any other valid and collectible insuranceapplicable to the same loss covering the other person under a policy withlimits at least equal to the financial responsibility requirements specifiedin § 46.2-472. Such provision shall apply to motor vehicles which are eitherfor the purpose of demonstrating to the other person as a prospectivepurchaser, or which are loaned or leased to the other person as a convenienceduring the repairing or servicing of a motor vehicle for the other person, orleased to the other person for a period of six months or more. Thisprovision shall apply whether such repair or service is performed by theowner of the vehicle being loaned or leased or by some other person orbusiness.

2. If the other valid and collectible insurance has limits less than thefinancial responsibility requirements specified in § 46.2-472, then thecoverage afforded a person other than the named insured and his employees inthe course of their employment shall be applicable to the extent necessary toequal the financial responsibility requirements specified in § 46.2-472.

3. If there is no other valid and collectible insurance available, thecoverage under such policy afforded a person, other than the named insuredand his employees in the course of their employment, shall be applicable, butthe amount recoverable in such case shall not exceed the financialresponsibility requirements specified in § 46.2-472. If there is no othervalid and collectible collision or upset insurance available and if suchpolicy provides insurance to the named insured for collision or upset, itshall include any such other person as an additional insured, unless in thecase of a leased vehicle such other person receives a conspicuous writtendisclosure at the commencement of the lease, warning such person that he isnot an additional insured under the owner's policy for collision or upsetcoverage.

B. 1. Any policy or contract of bodily injury or property damage liabilityinsurance relating to the ownership, maintenance, or use of a motor vehicleshall exclude coverage to persons other than (i) the named insured, or (ii)directors, stockholders, partners, agents, or employees of the named insured,or (iii) residents of the household of either (i) or (ii), while thosepersons are employed or otherwise engaged in the business of selling,repairing, servicing, storing, or parking motor vehicles if there is anyother valid or collectible insurance applicable to the same loss covering thepersons under a policy with limits at least equal to the financialresponsibility requirements specified in § 46.2-472.

2. If the other valid and collectible insurance has limits less than thefinancial responsibility requirements specified in § 46.2-472, then thecoverage afforded a person other than the named insured while that person isemployed or otherwise engaged in the business of selling, repairing,servicing, storing, or parking motor vehicles shall be applicable to theextent necessary to equal the financial responsibility requirements specifiedin § 46.2-472.

3. If there is no other valid and collectible insurance available, thecoverage afforded a person other than the named insured while that person isemployed or otherwise engaged in the business of selling, repairing,servicing, storing, or parking motor vehicles shall apply, but the amountrecoverable shall not exceed the financial responsibility requirementsspecified in § 46.2-472.

(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, c. 562; 1987, c. 685; 1992, c. 474.)