§ 38.2-2232. Liability insurance on private pleasure watercraft; optionalcoverage.
A. Every insurer issuing a new or renewal policy or contract coveringliability arising from the ownership, maintenance or use of a privatepleasure watercraft shall offer, in writing, to the named insured the optionof purchasing coverage for damages which the insured is legally entitled torecover from the owner or operator of an uninsured private pleasurewatercraft arising out of the ownership, maintenance, or use of suchuninsured watercraft. Such insurer shall be required to offer limits ofliability for uninsured private pleasure watercraft coverage equal to thelimits of the liability insurance provided by the policy. However, no insurershall be required to pay damages for uninsured private pleasure watercraftcoverage in excess of the limits of uninsured private pleasure watercraftcoverage provided by the policy. Uninsured private pleasure watercraftcoverage shall include coverage for bodily injury and property damageliability; provided, however, that such property damage liability coverageshall be excess over any other valid and collectible insurance of any kindapplicable to the property. Insurers issuing or providing liability policiesthat are of an excess or umbrella type or which provide liability coverageincidental to a policy not related to a specifically insured private pleasurewatercraft shall not be required to offer, provide or make available to thosepolicies uninsured private pleasure watercraft coverage.
For purposes of this section, a "new or renewal policy or contract coveringliability arising from the ownership, maintenance or use of a privatepleasure watercraft" shall mean and include only a policy or contract ofmarine protection and indemnity insurance, as defined in subsection B of §38.2-126, written as a separate policy, which is not in combination with anyother class of insurance defined in Article 2 (§ 38.2-101 et seq.) of Chapter1 of this title, to insure a private pleasure watercraft.
For purposes of this section, "uninsured private pleasure watercraft" meansa private pleasure watercraft for which there is no valid insurance policy orcontract covering liability arising from the ownership, maintenance, or useof such private pleasure watercraft in effect at the time liability isincurred. Such term does not, however, include any watercraft owned by,furnished to, or available for the regular use of any insured, or owned byany governmental unit or agency.
B. If any action is instituted against an owner or operator of an uninsuredprivate pleasure watercraft by any insured intending to rely on the coveragerequired by this section, then the insured shall serve a copy of the processupon the insurer in the manner prescribed by law, as though the insurer werea party defendant, but the provisions of § 8.01-288 shall not be applicableto service of process under this section. The insurer shall then have theright to file pleadings and take other actions allowable by law in the nameof the owner or operator of the uninsured private pleasure watercraft or inits own name.
Any insurer paying a claim under coverage required by this section shall besubrogated to the rights of the insured to the extent of any payment on suchclaim.
§ 38.2-2232. Liability insurance on private pleasure watercraft; optionalcoverage.
A. Every insurer issuing a new or renewal policy or contract coveringliability arising from the ownership, maintenance or use of a privatepleasure watercraft shall offer, in writing, to the named insured the optionof purchasing coverage for damages which the insured is legally entitled torecover from the owner or operator of an uninsured private pleasurewatercraft arising out of the ownership, maintenance, or use of suchuninsured watercraft. Such insurer shall be required to offer limits ofliability for uninsured private pleasure watercraft coverage equal to thelimits of the liability insurance provided by the policy. However, no insurershall be required to pay damages for uninsured private pleasure watercraftcoverage in excess of the limits of uninsured private pleasure watercraftcoverage provided by the policy. Uninsured private pleasure watercraftcoverage shall include coverage for bodily injury and property damageliability; provided, however, that such property damage liability coverageshall be excess over any other valid and collectible insurance of any kindapplicable to the property. Insurers issuing or providing liability policiesthat are of an excess or umbrella type or which provide liability coverageincidental to a policy not related to a specifically insured private pleasurewatercraft shall not be required to offer, provide or make available to thosepolicies uninsured private pleasure watercraft coverage.
For purposes of this section, a "new or renewal policy or contract coveringliability arising from the ownership, maintenance or use of a privatepleasure watercraft" shall mean and include only a policy or contract ofmarine protection and indemnity insurance, as defined in subsection B of §38.2-126, written as a separate policy, which is not in combination with anyother class of insurance defined in Article 2 (§ 38.2-101 et seq.) of Chapter1 of this title, to insure a private pleasure watercraft.
For purposes of this section, "uninsured private pleasure watercraft" meansa private pleasure watercraft for which there is no valid insurance policy orcontract covering liability arising from the ownership, maintenance, or useof such private pleasure watercraft in effect at the time liability isincurred. Such term does not, however, include any watercraft owned by,furnished to, or available for the regular use of any insured, or owned byany governmental unit or agency.
B. If any action is instituted against an owner or operator of an uninsuredprivate pleasure watercraft by any insured intending to rely on the coveragerequired by this section, then the insured shall serve a copy of the processupon the insurer in the manner prescribed by law, as though the insurer werea party defendant, but the provisions of § 8.01-288 shall not be applicableto service of process under this section. The insurer shall then have theright to file pleadings and take other actions allowable by law in the nameof the owner or operator of the uninsured private pleasure watercraft or inits own name.
Any insurer paying a claim under coverage required by this section shall besubrogated to the rights of the insured to the extent of any payment on suchclaim.
§ 38.2-2232. Liability insurance on private pleasure watercraft; optionalcoverage.
A. Every insurer issuing a new or renewal policy or contract coveringliability arising from the ownership, maintenance or use of a privatepleasure watercraft shall offer, in writing, to the named insured the optionof purchasing coverage for damages which the insured is legally entitled torecover from the owner or operator of an uninsured private pleasurewatercraft arising out of the ownership, maintenance, or use of suchuninsured watercraft. Such insurer shall be required to offer limits ofliability for uninsured private pleasure watercraft coverage equal to thelimits of the liability insurance provided by the policy. However, no insurershall be required to pay damages for uninsured private pleasure watercraftcoverage in excess of the limits of uninsured private pleasure watercraftcoverage provided by the policy. Uninsured private pleasure watercraftcoverage shall include coverage for bodily injury and property damageliability; provided, however, that such property damage liability coverageshall be excess over any other valid and collectible insurance of any kindapplicable to the property. Insurers issuing or providing liability policiesthat are of an excess or umbrella type or which provide liability coverageincidental to a policy not related to a specifically insured private pleasurewatercraft shall not be required to offer, provide or make available to thosepolicies uninsured private pleasure watercraft coverage.
For purposes of this section, a "new or renewal policy or contract coveringliability arising from the ownership, maintenance or use of a privatepleasure watercraft" shall mean and include only a policy or contract ofmarine protection and indemnity insurance, as defined in subsection B of §38.2-126, written as a separate policy, which is not in combination with anyother class of insurance defined in Article 2 (§ 38.2-101 et seq.) of Chapter1 of this title, to insure a private pleasure watercraft.
For purposes of this section, "uninsured private pleasure watercraft" meansa private pleasure watercraft for which there is no valid insurance policy orcontract covering liability arising from the ownership, maintenance, or useof such private pleasure watercraft in effect at the time liability isincurred. Such term does not, however, include any watercraft owned by,furnished to, or available for the regular use of any insured, or owned byany governmental unit or agency.
B. If any action is instituted against an owner or operator of an uninsuredprivate pleasure watercraft by any insured intending to rely on the coveragerequired by this section, then the insured shall serve a copy of the processupon the insurer in the manner prescribed by law, as though the insurer werea party defendant, but the provisions of § 8.01-288 shall not be applicableto service of process under this section. The insurer shall then have theright to file pleadings and take other actions allowable by law in the nameof the owner or operator of the uninsured private pleasure watercraft or inits own name.
Any insurer paying a claim under coverage required by this section shall besubrogated to the rights of the insured to the extent of any payment on suchclaim.
