{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2128.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2128.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2128.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2128.html"}],"law_id":72319,"edition_id":1,"section_id":72319,"structure_id":13409,"section_number":"38.2-2128","catch_line":"Certain exclusions permitted","history":"2004, c. 751.","full_text":"Notwithstanding the provisions of \u00a7 38.2-2108, any insurer that issues or delivers in the Commonwealth a new or renewal policy written to insure an owner-occupied dwelling may, with the named insured’s written consent, exclude from coverage any liability resulting from an injury caused by a dangerous or vicious animal owned by or in the care, custody, or control of the insured if such animal has bitten, attacked, or inflicted injury on a person or a companion animal. Such risk shall be specifically identified in the exclusion. Uniform policy forms or endorsements that will be used by the insurer for such exclusions shall be filed with the Commission pursuant to \u00a7 38.2-317 and shall contain a disclosure stating that the named insured has agreed to the specified risk being excluded under the policy. The insured’s execution of the document evidencing his consent thereto shall be acknowledged before a notary public or witnessed by a disinterested person. Such signed exclusions, evidence of the insured’s consent, and the insurer’s documentation substantiating the reason for the exclusion shall be made available to the Commission upon request. Upon completion of the notarized or witnessed signed exclusion, the insurer shall not be required to obtain the insured’s written consent for any subsequent policy renewals.","order_by":null,"text":{"0":{"id":260506,"text":"Notwithstanding the provisions of \u00a7 38.2-2108, any insurer that issues or delivers in the Commonwealth a new or renewal policy written to insure an owner-occupied dwelling may, with the named insured’s written consent, exclude from coverage any liability resulting from an injury caused by a dangerous or vicious animal owned by or in the care, custody, or control of the insured if such animal has bitten, attacked, or inflicted injury on a person or a companion animal. Such risk shall be specifically identified in the exclusion. Uniform policy forms or endorsements that will be used by the insurer for such exclusions shall be filed with the Commission pursuant to \u00a7 38.2-317 and shall contain a disclosure stating that the named insured has agreed to the specified risk being excluded under the policy. The insured’s execution of the document evidencing his consent thereto shall be acknowledged before a notary public or witnessed by a disinterested person. Such signed exclusions, evidence of the insured’s consent, and the insurer’s documentation substantiating the reason for the exclusion shall be made available to the Commission upon request. Upon completion of the notarized or witnessed signed exclusion, the insurer shall not be required to obtain the insured’s written consent for any subsequent policy renewals.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13409,"edition_id":1,"name":"Fire Insurance Policies","identifier":"21","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":213407,"object_type":"structure","relational_id":13409,"identifier":"21","token":"38.2\/21","url":"\/38.2\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62063,"structure_id":13409,"section_number":"38.2-2100","catch_line":"Application of chapter","url":"\/38.2-2100\/","token":"38.2\/21\/38.2-2100","metadata":false},{"id":77806,"structure_id":13409,"section_number":"38.2-2101","catch_line":"Policies shall conform to provisions of this chapter","url":"\/38.2-2101\/","token":"38.2\/21\/38.2-2101","metadata":false},{"id":71827,"structure_id":13409,"section_number":"38.2-2102","catch_line":"Excluding loss or damage caused by nuclear reaction, nuclear radiation, or radioactive contamination","url":"\/38.2-2102\/","token":"38.2\/21\/38.2-2102","metadata":false},{"id":75374,"structure_id":13409,"section_number":"38.2-2103","catch_line":"Information to be printed on policy","url":"\/38.2-2103\/","token":"38.2\/21\/38.2-2103","metadata":false},{"id":78292,"structure_id":13409,"section_number":"38.2-2104","catch_line":"Standard insuring agreement for fire insurance policies","url":"\/38.2-2104\/","token":"38.2\/21\/38.2-2104","metadata":false},{"id":83792,"structure_id":13409,"section_number":"38.2-2105","catch_line":"Standard provisions, conditions, stipulations and agreements for such policies","url":"\/38.2-2105\/","token":"38.2\/21\/38.2-2105","metadata":false},{"id":75986,"structure_id":13409,"section_number":"38.2-2106","catch_line":"Standard form for execution of policies","url":"\/38.2-2106\/","token":"38.2\/21\/38.2-2106","metadata":false},{"id":79024,"structure_id":13409,"section_number":"38.2-2107","catch_line":"Commission may establish guidelines for filing readable fire insurance policy forms","url":"\/38.2-2107\/","token":"38.2\/21\/38.2-2107","metadata":false},{"id":54378,"structure_id":13409,"section_number":"38.2-2108","catch_line":"Standards for content of fire insurance policies","url":"\/38.2-2108\/","token":"38.2\/21\/38.2-2108","metadata":false},{"id":72503,"structure_id":13409,"section_number":"38.2-2108.1","catch_line":"Commercial fire insurance policies; changes to amount of coverage","url":"\/38.2-2108.1\/","token":"38.2\/21\/38.2-2108.1","metadata":false},{"id":72078,"structure_id":13409,"section_number":"38.2-2109","catch_line":"Execution of policies","url":"\/38.2-2109\/","token":"38.2\/21\/38.2-2109","metadata":false},{"id":73410,"structure_id":13409,"section_number":"38.2-2110","catch_line":"Other matter permitted in the policy","url":"\/38.2-2110\/","token":"38.2\/21\/38.2-2110","metadata":false},{"id":61333,"structure_id":13409,"section_number":"38.2-2111","catch_line":"Special regulations to be added to policy","url":"\/38.2-2111\/","token":"38.2\/21\/38.2-2111","metadata":false},{"id":75728,"structure_id":13409,"section_number":"38.2-2112","catch_line":"Temporary insurance contracts; duration; what deemed to include","url":"\/38.2-2112\/","token":"38.2\/21\/38.2-2112","metadata":false},{"id":62048,"structure_id":13409,"section_number":"38.2-2113","catch_line":"Mailing or electronic delivery of notice of cancellation or refusal to renew","url":"\/38.2-2113\/","token":"38.2\/21\/38.2-2113","metadata":false},{"id":83824,"structure_id":13409,"section_number":"38.2-2114","catch_line":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","url":"\/38.2-2114\/","token":"38.2\/21\/38.2-2114","metadata":false},{"id":64753,"structure_id":13409,"section_number":"38.2-2114.1","catch_line":"Powers of Commission; replacement policies","url":"\/38.2-2114.1\/","token":"38.2\/21\/38.2-2114.1","metadata":false},{"id":83507,"structure_id":13409,"section_number":"38.2-2115","catch_line":"Discrimination in issuance of fire insurance","url":"\/38.2-2115\/","token":"38.2\/21\/38.2-2115","metadata":false},{"id":54915,"structure_id":13409,"section_number":"38.2-2116","catch_line":"Policies issued by two or more insurers","url":"\/38.2-2116\/","token":"38.2\/21\/38.2-2116","metadata":false},{"id":66578,"structure_id":13409,"section_number":"38.2-2117","catch_line":"Approval of forms or provisions for additional coverage","url":"\/38.2-2117\/","token":"38.2\/21\/38.2-2117","metadata":false},{"id":60472,"structure_id":13409,"section_number":"38.2-2118","catch_line":"Required statement on insurance policies for owner-occupied dwellings","url":"\/38.2-2118\/","token":"38.2\/21\/38.2-2118","metadata":false},{"id":62298,"structure_id":13409,"section_number":"38.2-2119","catch_line":"Approval of forms or provisions for certain risks","url":"\/38.2-2119\/","token":"38.2\/21\/38.2-2119","metadata":false},{"id":82981,"structure_id":13409,"section_number":"38.2-2120","catch_line":"Optional coverage to be offered with homeowner's policy","url":"\/38.2-2120\/","token":"38.2\/21\/38.2-2120","metadata":false},{"id":84269,"structure_id":13409,"section_number":"38.2-2121","catch_line":"When courts may appoint umpires","url":"\/38.2-2121\/","token":"38.2\/21\/38.2-2121","metadata":false},{"id":61467,"structure_id":13409,"section_number":"38.2-2122","catch_line":"Appraisers and umpires; oath to be taken","url":"\/38.2-2122\/","token":"38.2\/21\/38.2-2122","metadata":false},{"id":68968,"structure_id":13409,"section_number":"38.2-2123","catch_line":"Chapter not applicable to certain mutual insurers","url":"\/38.2-2123\/","token":"38.2\/21\/38.2-2123","metadata":false},{"id":73109,"structure_id":13409,"section_number":"38.2-2124","catch_line":"Optional coverage to be offered with fire insurance policy","url":"\/38.2-2124\/","token":"38.2\/21\/38.2-2124","metadata":false},{"id":74256,"structure_id":13409,"section_number":"38.2-2125","catch_line":"Notice regarding flood exclusion","url":"\/38.2-2125\/","token":"38.2\/21\/38.2-2125","metadata":false},{"id":73902,"structure_id":13409,"section_number":"38.2-2126","catch_line":"Insurance credit score disclosure; use of credit information","url":"\/38.2-2126\/","token":"38.2\/21\/38.2-2126","metadata":false},{"id":74645,"structure_id":13409,"section_number":"38.2-2127","catch_line":"Notice of change in deductible","url":"\/38.2-2127\/","token":"38.2\/21\/38.2-2127","metadata":false},{"id":72319,"structure_id":13409,"section_number":"38.2-2128","catch_line":"Certain exclusions permitted","url":"\/38.2-2128\/","token":"38.2\/21\/38.2-2128","metadata":false},{"id":85505,"structure_id":13409,"section_number":"38.2-2129","catch_line":"Notice regarding earthquake exclusion","url":"\/38.2-2129\/","token":"38.2\/21\/38.2-2129","metadata":false},{"id":80309,"structure_id":13409,"section_number":"38.2-2130","catch_line":"Coverage for volunteer fire department costs","url":"\/38.2-2130\/","token":"38.2\/21\/38.2-2130","metadata":false},{"id":61541,"structure_id":13409,"section_number":"38.2-2131","catch_line":"Assignment of claims prohibited","url":"\/38.2-2131\/","token":"38.2\/21\/38.2-2131","metadata":false}],"previous_section":{"id":74645,"structure_id":13409,"section_number":"38.2-2127","catch_line":"Notice of change in deductible","url":"\/38.2-2127\/","token":"38.2\/21\/38.2-2127","metadata":false},"next_section":{"id":85505,"structure_id":13409,"section_number":"38.2-2129","catch_line":"Notice regarding earthquake exclusion","url":"\/38.2-2129\/","token":"38.2\/21\/38.2-2129","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2128\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 751<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":54378,"section_number":"38.2-2108","catch_line":"Standards for content of fire insurance policies","order_by":null,"url":"\/38.2-2108\/"},{"id":77188,"section_number":"38.2-317","catch_line":"Delivery and use of certain policies and endorsements","order_by":null,"url":"\/38.2-317\/"}],"permalink":{"id":213529,"object_type":"law","relational_id":72319,"identifier":"38.2-2128","token":"38.2\/21\/38.2-2128","url":"\/38.2-2128\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2128\/","token":"38.2\/21\/38.2-2128","dublin_core":{"Title":"Certain exclusions permitted","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2128","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding the provisions of \u00a7 38.2-2108<\/a>, any insurer<\/span> that issues<\/span> or delivers in the Commonwealth a new or renewal policy written to insure an owner-occupied dwelling may, with the named insured’s written consent, exclude from coverage any liability resulting from an injury caused by a dangerous or vicious animal owned by or in the care, custody<\/span>, or control of the insured if such animal has bitten, attacked, or inflicted injury on a person<\/span> or a companion animal. Such risk shall be specifically identified in the exclusion. Uniform policy forms or endorsements that will be used by the insurer<\/span> for such exclusions shall be filed with the Commission<\/span> pursuant to \u00a7 38.2-317<\/a> and shall contain a disclosure stating that the named insured has agreed to the specified risk being excluded under the policy. The insured’s execution of the document evidencing his consent thereto shall be acknowledged before a notary public or witnessed by a disinterested person<\/span>. Such signed exclusions, evidence<\/span> of the insured’s consent, and the insurer<\/span>’s documentation substantiating the reason for the exclusion shall be made available to the Commission<\/span> upon request. Upon completion of the notarized or witnessed signed exclusion, the insurer<\/span> shall not be required to obtain the insured’s written consent for any subsequent policy renewals.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN EXCLUSIONS PERMITTED (\u00a7 38.2-2128)\n\nNotwithstanding the provisions of \u00a7 38.2-2108, any insurer that issues or\ndelivers in the Commonwealth a new or renewal policy written to insure an\nowner-occupied dwelling may, with the named insured’s written consent,\nexclude from coverage any liability resulting from an injury caused by a\ndangerous or vicious animal owned by or in the care, custody, or control of the\ninsured if such animal has bitten, attacked, or inflicted injury on a person or\na companion animal. Such risk shall be specifically identified in the exclusion.\nUniform policy forms or endorsements that will be used by the insurer for such\nexclusions shall be filed with the Commission pursuant to \u00a7 38.2-317 and shall\ncontain a disclosure stating that the named insured has agreed to the specified\nrisk being excluded under the policy. The insured’s execution of the\ndocument evidencing his consent thereto shall be acknowledged before a notary\npublic or witnessed by a disinterested person. Such signed exclusions, evidence\nof the insured’s consent, and the insurer’s documentation\nsubstantiating the reason for the exclusion shall be made available to the\nCommission upon request. Upon completion of the notarized or witnessed signed\nexclusion, the insurer shall not be required to obtain the insured’s\nwritten consent for any subsequent policy renewals.\n\nHISTORY: 2004, c. 751.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}