{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2131.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2131.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2131.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2131.html"}],"law_id":61541,"edition_id":1,"section_id":61541,"structure_id":13409,"section_number":"38.2-2131","catch_line":"Assignment of claims prohibited","history":"2025, cc. 120, 134.","full_text":"A\n\nConsistent with the provisions of § 38.2-2104, no person insured under a fire insurance policy or a fire insurance policy in combination with other coverages shall assign or otherwise transfer, in whole or in part, to any other person the duties, rights, or benefits of the insured under the policy arising from a claim or covered loss without written consent of the insurer.B\n\nAny contract provision entered in violation of this section shall be void and unenforceable.C\n\nThe provisions of this section shall not be construed to prohibit an insured from:1\n\nAuthorizing or directing payment to, or paying, a person for reasonable services, materials, or any other item that is covered or may be covered under an insurance policy; or2\n\nAssigning rights to seek damages related to a personal injury or tort case arising from a settlement, verdict, or resulting judgment against the insured that is in excess of the insured’s liability insurance coverage, subject to defenses available by law.D\n\nNotwithstanding the provisions of § 38.2-2123, the provisions of this section shall apply to (i) mutual assessment property and casualty insurers and (ii) mutual insurers and associations organized under the laws of the Commonwealth conducting business only in the Commonwealth and issuing only policies providing for perpetual insurance.","order_by":null,"text":{"0":{"id":224733,"text":"Consistent with the provisions of § 38.2-2104, no person insured under a fire insurance policy or a fire insurance policy in combination with other coverages shall assign or otherwise transfer, in whole or in part, to any other person the duties, rights, or benefits of the insured under the policy arising from a claim or covered loss without written consent of the insurer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224734,"text":"Any contract provision entered in violation of this section shall be void and unenforceable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224735,"text":"The provisions of this section shall not be construed to prohibit an insured from:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":224736,"text":"Authorizing or directing payment to, or paying, a person for reasonable services, materials, or any other item that is covered or may be covered under an insurance policy; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":224737,"text":"Assigning rights to seek damages related to a personal injury or tort case arising from a settlement, verdict, or resulting judgment against the insured that is in excess of the insured’s liability insurance coverage, subject to defenses available by law.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":224738,"text":"Notwithstanding the provisions of § 38.2-2123, the provisions of this section shall apply to (i) mutual assessment property and casualty insurers and (ii) mutual insurers and associations organized under the laws of the Commonwealth conducting business only in the Commonwealth and issuing only policies providing for perpetual insurance.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2131\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapters 120<\/a> and 134<\/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":78292,"section_number":"38.2-2104","catch_line":"Standard insuring agreement for fire insurance policies","order_by":null,"url":"\/38.2-2104\/"},{"id":68968,"section_number":"38.2-2123","catch_line":"Chapter not applicable to certain mutual insurers","order_by":null,"url":"\/38.2-2123\/"}],"permalink":{"id":213541,"object_type":"law","relational_id":61541,"identifier":"38.2-2131","token":"38.2\/21\/38.2-2131","url":"\/38.2-2131\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2131\/","token":"38.2\/21\/38.2-2131","dublin_core":{"Title":"Assignment of claims prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2131","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Consistent with the provisions of § 38.2-2104<\/a>, no person<\/span> insured under a fire insurance<\/span> policy or a fire insurance<\/span> policy in combination with other coverages shall assign or otherwise transfer, in whole or in part, to any other person<\/span> the duties, rights, or benefits of the insured under the policy arising from a claim or covered loss without written consent of the insurer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any contract<\/span> provision entered in violation of this section shall be void and unenforceable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not be construed to prohibit an insured from: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Authorizing or directing payment to, or paying, a person<\/span> for reasonable services, materials<\/span>, or any other item that is covered or may be covered under an insurance<\/span> policy; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Assigning rights to seek damages<\/span> related to a personal injury or tort<\/span> case arising from a settlement<\/span>, verdict<\/span>, or resulting judgment<\/span> against the insured that is in excess of the insured’s liability insurance<\/span> coverage, subject to defenses available by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of § 38.2-2123<\/a>, the provisions of this section shall apply to (i) mutual assessment property and casualty insurers<\/span> and (ii) mutual insurers<\/span> and associations organized under the laws<\/span> of the Commonwealth conducting business only in the Commonwealth and issuing only policies providing for perpetual insurance<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSIGNMENT OF CLAIMS PROHIBITED (\u00a7 38.2-2131)\n\nA. Consistent with the provisions of § 38.2-2104, no person insured under a\nfire insurance policy or a fire insurance policy in combination with other\ncoverages shall assign or otherwise transfer, in whole or in part, to any other\nperson the duties, rights, or benefits of the insured under the policy arising\nfrom a claim or covered loss without written consent of the insurer.\n\nB. Any contract provision entered in violation of this section shall be void and\nunenforceable.\n\nC. The provisions of this section shall not be construed to prohibit an insured\nfrom:\n\n 1. Authorizing or directing payment to, or paying, a person for reasonable\n services, materials, or any other item that is covered or may be covered under\n an insurance policy; or\n\n 2. Assigning rights to seek damages related to a personal injury or tort case\n arising from a settlement, verdict, or resulting judgment against the insured\n that is in excess of the insured’s liability insurance coverage, subject\n to defenses available by law.\n\nD. Notwithstanding the provisions of § 38.2-2123, the provisions of this\nsection shall apply to (i) mutual assessment property and casualty insurers and\n(ii) mutual insurers and associations organized under the laws of the\nCommonwealth conducting business only in the Commonwealth and issuing only\npolicies providing for perpetual insurance.\n\nHISTORY: 2025, cc. 120, 134.","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}}