{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2204.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2204.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2204.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2204.html"}],"law_id":70028,"edition_id":1,"section_id":70028,"structure_id":13816,"section_number":"38.2-2204","catch_line":"Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; “omnibus clause.”","history":"Code 1950, \u00a7 38-238; 1952, c. 317, \u00a7 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; 2020, cc. 900, 1266.","full_text":"A\n\nNo policy or contract of bodily injury or property damage liability insurance, covering liability arising from the ownership, maintenance, or use of any motor vehicle, aircraft, or private pleasure watercraft, shall be issued or delivered in the Commonwealth to the owner of such vehicle, aircraft, or watercraft, or shall be issued or delivered by any insurer licensed in the Commonwealth upon any motor vehicle, aircraft, or private pleasure watercraft that is principally garaged, docked, or used in the Commonwealth, unless the policy contains a provision insuring the named insured, and any other person using or responsible for the use of the motor vehicle, aircraft, or private pleasure watercraft with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract 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 from limiting its liability under any one policy for bodily injury or property damage resulting from any one accident or occurrence to the liability limits for such coverage set forth in the policy for any such accident or occurrence or for any one person, regardless of the number of insureds under that policy. Provided that, when one accident or occurrence involves more than one defendant who is covered by the policy, the plaintiff may recover the per person limit of the policy against each such defendant, subject to the per accident or occurrence limit of the policy. Each such policy or contract of liability insurance, or endorsement to the policy or contract, insuring private passenger automobiles, aircraft, or private pleasure watercraft principally garaged, docked, or used in the Commonwealth, that has as the named insured an individual or spouses and that includes, with respect to any liability insurance provided by the policy, contract, or endorsement for use of a nonowned automobile, aircraft, or private pleasure watercraft, any provision requiring permission or consent of the owner of such automobile, aircraft, or private pleasure watercraft for the insurance to apply, shall be construed to include permission or consent of the custodian in the provision requiring permission or consent of the owner.B\n\nNotwithstanding any requirements in this section to the contrary, an insurer may exclude any person from coverage under a personal umbrella or excess policy, if the exclusion is requested in writing by the first named insured and is acknowledged in writing by the excluded driver.C\n\nFor aircraft liability insurance, such policy or contract may contain the exclusions listed in § 38.2-2227. Notwithstanding the provisions of this section or any other provisions of law, no policy or contract shall require pilot experience greater than that prescribed by the Federal Aviation Administration, except for pilots operating air taxis, or pilots operating aircraft applying chemicals, seed, or fertilizer.D\n\nNo policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in the Commonwealth to the owner of such vehicle or shall be issued or delivered by an insurer licensed in the Commonwealth upon any motor vehicle principally garaged or used in the Commonwealth without an endorsement or provision insuring the named insured, and any other person using or responsible for the use of the motor vehicle with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract as a result of negligence in the operation or use of the motor vehicle by the named insured or by any other such person; however, nothing contained in this section shall be deemed to prohibit an insurer from limiting its liability under any one policy for bodily injury or property damage resulting from any one accident or occurrence to the liability limits for such coverage set forth in the policy for any such accident or occurrence or for any one person regardless of the number of insureds under that policy. Provided that, when one accident or occurrence involves more than one defendant who is covered by the policy, the plaintiff may recover the per person limit of the policy against each such defendant, subject to the per accident or occurrence limit of the policy. This provision shall apply notwithstanding the failure or refusal of the named insured or such other person to cooperate with the insurer under the terms of the policy. If the failure or refusal to cooperate prejudices the insurer in the defense of an action for damages arising from the operation or use of such insured motor vehicle, then the endorsement or provision shall be void. If an insurer has actual notice of a motion for judgment or complaint having been served on an insured, the mere failure of the insured to turn the motion or complaint over to the insurer shall not be a defense to the insurer, nor void the endorsement or provision, nor in any way relieve the insurer of its obligations to the insured, provided the insured otherwise cooperates and in no way prejudices the insurer.\n\t\t\tWhere the insurer has elected to provide a defense to its insured under such circumstances and files responsive pleadings in the name of its insured, the insured shall not be subject to sanctions for failure to comply with discovery pursuant to Part Four of the Rules of Supreme Court of Virginia unless it can be shown that the suit papers actually reached the insured, and that the insurer has failed after exercising due diligence to locate its insured, and as long as the insurer provides such information in response to discovery as it can without the assistance of the insured.E\n\nAny endorsement, provision or rider attached to or included in any such policy of insurance which purports or seeks to limit or reduce the coverage afforded by the provisions required by this section shall be void, except an insurer may exclude such coverage as is afforded by this section, where such coverage would inure to the benefit of the United States Government or any agency or subdivision thereof under the provisions of the Federal Tort Claims Act, the Federal Drivers Act and Public Law 86-654 District of Columbia Employee Non-Liability Act, or to the benefit of the Commonwealth under the provisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and the self-insurance plan established by the Department of General Services pursuant to § 2.2-1837 for any state employee who, in the regular course of his employment, transports patients in his own personal vehicle.F\n\nAn insurer writing a policy of bodily injury or property damage liability motor vehicle insurance, or an endorsement to such policy, may exclude coverage under a motor vehicle policy issued to the owner of a shared vehicle for use of such vehicle on a peer-to-peer vehicle sharing platform during the vehicle sharing period for (i) liability coverage for bodily injury and property damage, (ii) uninsured and underinsured motorist coverage, (iii) medical expense and loss of income benefits coverage, and (iv) collision and other than collision physical damage coverage. Nothing in this article invalidates or limits an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use, that excludes coverage for motor vehicles used as a public or livery conveyance. For purposes of this subsection, “peer-to-peer vehicle sharing platform,” “shared vehicle,” and “vehicle sharing period” have the meanings ascribed to those terms in § 46.2-1408.","order_by":null,"text":{"0":{"id":252994,"text":"No policy or contract of bodily injury or property damage liability insurance, covering liability arising from the ownership, maintenance, or use of any motor vehicle, aircraft, or private pleasure watercraft, shall be issued or delivered in the Commonwealth to the owner of such vehicle, aircraft, or watercraft, or shall be issued or delivered by any insurer licensed in the Commonwealth upon any motor vehicle, aircraft, or private pleasure watercraft that is principally garaged, docked, or used in the Commonwealth, unless the policy contains a provision insuring the named insured, and any other person using or responsible for the use of the motor vehicle, aircraft, or private pleasure watercraft with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract 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 from limiting its liability under any one policy for bodily injury or property damage resulting from any one accident or occurrence to the liability limits for such coverage set forth in the policy for any such accident or occurrence or for any one person, regardless of the number of insureds under that policy. Provided that, when one accident or occurrence involves more than one defendant who is covered by the policy, the plaintiff may recover the per person limit of the policy against each such defendant, subject to the per accident or occurrence limit of the policy. Each such policy or contract of liability insurance, or endorsement to the policy or contract, insuring private passenger automobiles, aircraft, or private pleasure watercraft principally garaged, docked, or used in the Commonwealth, that has as the named insured an individual or spouses and that includes, with respect to any liability insurance provided by the policy, contract, or endorsement for use of a nonowned automobile, aircraft, or private pleasure watercraft, any provision requiring permission or consent of the owner of such automobile, aircraft, or private pleasure watercraft for the insurance to apply, shall be construed to include permission or consent of the custodian in the provision requiring permission or consent of the owner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252995,"text":"Notwithstanding any requirements in this section to the contrary, an insurer may exclude any person from coverage under a personal umbrella or excess policy, if the exclusion is requested in writing by the first named insured and is acknowledged in writing by the excluded driver.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":252996,"text":"For aircraft liability insurance, such policy or contract may contain the exclusions listed in § 38.2-2227. Notwithstanding the provisions of this section or any other provisions of law, no policy or contract shall require pilot experience greater than that prescribed by the Federal Aviation Administration, except for pilots operating air taxis, or pilots operating aircraft applying chemicals, seed, or fertilizer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":252997,"text":"No policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in the Commonwealth to the owner of such vehicle or shall be issued or delivered by an insurer licensed in the Commonwealth upon any motor vehicle principally garaged or used in the Commonwealth without an endorsement or provision insuring the named insured, and any other person using or responsible for the use of the motor vehicle with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract as a result of negligence in the operation or use of the motor vehicle by the named insured or by any other such person; however, nothing contained in this section shall be deemed to prohibit an insurer from limiting its liability under any one policy for bodily injury or property damage resulting from any one accident or occurrence to the liability limits for such coverage set forth in the policy for any such accident or occurrence or for any one person regardless of the number of insureds under that policy. Provided that, when one accident or occurrence involves more than one defendant who is covered by the policy, the plaintiff may recover the per person limit of the policy against each such defendant, subject to the per accident or occurrence limit of the policy. This provision shall apply notwithstanding the failure or refusal of the named insured or such other person to cooperate with the insurer under the terms of the policy. If the failure or refusal to cooperate prejudices the insurer in the defense of an action for damages arising from the operation or use of such insured motor vehicle, then the endorsement or provision shall be void. If an insurer has actual notice of a motion for judgment or complaint having been served on an insured, the mere failure of the insured to turn the motion or complaint over to the insurer shall not be a defense to the insurer, nor void the endorsement or provision, nor in any way relieve the insurer of its obligations to the insured, provided the insured otherwise cooperates and in no way prejudices the insurer.\n\t\t\tWhere the insurer has elected to provide a defense to its insured under such circumstances and files responsive pleadings in the name of its insured, the insured shall not be subject to sanctions for failure to comply with discovery pursuant to Part Four of the Rules of Supreme Court of Virginia unless it can be shown that the suit papers actually reached the insured, and that the insurer has failed after exercising due diligence to locate its insured, and as long as the insurer provides such information in response to discovery as it can without the assistance of the insured.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":252998,"text":"Any endorsement, provision or rider attached to or included in any such policy of insurance which purports or seeks to limit or reduce the coverage afforded by the provisions required by this section shall be void, except an insurer may exclude such coverage as is afforded by this section, where such coverage would inure to the benefit of the United States Government or any agency or subdivision thereof under the provisions of the Federal Tort Claims Act, the Federal Drivers Act and Public Law 86-654 District of Columbia Employee Non-Liability Act, or to the benefit of the Commonwealth under the provisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and the self-insurance plan established by the Department of General Services pursuant to § 2.2-1837 for any state employee who, in the regular course of his employment, transports patients in his own personal vehicle.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":252999,"text":"An insurer writing a policy of bodily injury or property damage liability motor vehicle insurance, or an endorsement to such policy, may exclude coverage under a motor vehicle policy issued to the owner of a shared vehicle for use of such vehicle on a peer-to-peer vehicle sharing platform during the vehicle sharing period for (i) liability coverage for bodily injury and property damage, (ii) uninsured and underinsured motorist coverage, (iii) medical expense and loss of income benefits coverage, and (iv) collision and other than collision physical damage coverage. Nothing in this article invalidates or limits an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use, that excludes coverage for motor vehicles used as a public or livery conveyance. For purposes of this subsection, “peer-to-peer vehicle sharing platform,” “shared vehicle,” and “vehicle sharing period” have the meanings ascribed to those terms in § 46.2-1408.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13816,"edition_id":1,"name":"Liability Insurance Policies","identifier":"22","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:57","date_modified":"2026-06-26 03:45:57","permalink":{"id":213545,"object_type":"structure","relational_id":13816,"identifier":"22","token":"38.2\/22","url":"\/38.2\/22\/","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":76505,"structure_id":13816,"section_number":"38.2-2200","catch_line":"Required provisions as to insolvency or bankruptcy, and as to when action maintained against insurer","url":"\/38.2-2200\/","token":"38.2\/22\/38.2-2200","metadata":false},{"id":82480,"structure_id":13816,"section_number":"38.2-2201","catch_line":"Provisions for payment of medical expense and loss of income benefits; assignment of certain benefits","url":"\/38.2-2201\/","token":"38.2\/22\/38.2-2201","metadata":false},{"id":75263,"structure_id":13816,"section_number":"38.2-2202","catch_line":"Required notice of optional coverage available","url":"\/38.2-2202\/","token":"38.2\/22\/38.2-2202","metadata":false},{"id":85859,"structure_id":13816,"section_number":"38.2-2203","catch_line":"Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians","url":"\/38.2-2203\/","token":"38.2\/22\/38.2-2203","metadata":false},{"id":70028,"structure_id":13816,"section_number":"38.2-2204","catch_line":"Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; \"omnibus clause.\"","url":"\/38.2-2204\/","token":"38.2\/22\/38.2-2204","metadata":false},{"id":56297,"structure_id":13816,"section_number":"38.2-2205","catch_line":"Liability insurance on motor vehicles; standard provisions; applicability of other valid and collectible insurance","url":"\/38.2-2205\/","token":"38.2\/22\/38.2-2205","metadata":false},{"id":80304,"structure_id":13816,"section_number":"38.2-2205.1","catch_line":"Suspension of liability coverage at insured's request","url":"\/38.2-2205.1\/","token":"38.2\/22\/38.2-2205.1","metadata":false},{"id":76965,"structure_id":13816,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","url":"\/38.2-2206\/","token":"38.2\/22\/38.2-2206","metadata":false},{"id":62972,"structure_id":13816,"section_number":"38.2-2207","catch_line":"No policy to exclude coverage to employee","url":"\/38.2-2207\/","token":"38.2\/22\/38.2-2207","metadata":false},{"id":80121,"structure_id":13816,"section_number":"38.2-2208","catch_line":"Notices of cancellation of or refusal to renew motor vehicle insurance policies","url":"\/38.2-2208\/","token":"38.2\/22\/38.2-2208","metadata":false},{"id":76452,"structure_id":13816,"section_number":"38.2-2209","catch_line":"Motor vehicle liability medical benefit insurer not to retain right of subrogation to recover from third party","url":"\/38.2-2209\/","token":"38.2\/22\/38.2-2209","metadata":false},{"id":75993,"structure_id":13816,"section_number":"38.2-2210","catch_line":"Warning concerning cancellation to appear on application for motor vehicle liability insurance; reason for cancellation or nonrenewal required on application","url":"\/38.2-2210\/","token":"38.2\/22\/38.2-2210","metadata":false},{"id":61927,"structure_id":13816,"section_number":"38.2-2211","catch_line":"Motor vehicle liability insurer not to receive credit for other medical expense insurance","url":"\/38.2-2211\/","token":"38.2\/22\/38.2-2211","metadata":false},{"id":80817,"structure_id":13816,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","url":"\/38.2-2212\/","token":"38.2\/22\/38.2-2212","metadata":false},{"id":71236,"structure_id":13816,"section_number":"38.2-2212.1","catch_line":"Powers of Commission; replacement policies","url":"\/38.2-2212.1\/","token":"38.2\/22\/38.2-2212.1","metadata":false},{"id":57322,"structure_id":13816,"section_number":"38.2-2213","catch_line":"Discrimination in issuance of motor vehicle insurance","url":"\/38.2-2213\/","token":"38.2\/22\/38.2-2213","metadata":false},{"id":55969,"structure_id":13816,"section_number":"38.2-2213.1","catch_line":"Certain action prohibited when motor vehicle owner fails to allow access to recorded data from recording device","url":"\/38.2-2213.1\/","token":"38.2\/22\/38.2-2213.1","metadata":false},{"id":72056,"structure_id":13816,"section_number":"38.2-2214","catch_line":"Statement defining rate classifications to be provided by insurer to insured","url":"\/38.2-2214\/","token":"38.2\/22\/38.2-2214","metadata":false},{"id":56175,"structure_id":13816,"section_number":"38.2-2215","catch_line":"Failure to issue or failure to renew motor vehicle liability insurance on the basis of a motor vehicle's age prohibited","url":"\/38.2-2215\/","token":"38.2\/22\/38.2-2215","metadata":false},{"id":77698,"structure_id":13816,"section_number":"38.2-2216","catch_line":"Medical benefit offset against liability or uninsured motorist coverage prohibited","url":"\/38.2-2216\/","token":"38.2\/22\/38.2-2216","metadata":false},{"id":66919,"structure_id":13816,"section_number":"38.2-2217","catch_line":"Reduction in rates for certain persons who attend mature driver motor vehicle crash prevention courses and driver improvement clinics","url":"\/38.2-2217\/","token":"38.2\/22\/38.2-2217","metadata":false},{"id":62782,"structure_id":13816,"section_number":"38.2-2217.1","catch_line":"Insurers required to renew motor vehicle liability coverage for vanpools; exceptions","url":"\/38.2-2217.1\/","token":"38.2\/22\/38.2-2217.1","metadata":false},{"id":75945,"structure_id":13816,"section_number":"38.2-2218","catch_line":"Adoption of standard forms for motor vehicle insurance","url":"\/38.2-2218\/","token":"38.2\/22\/38.2-2218","metadata":false},{"id":65638,"structure_id":13816,"section_number":"38.2-2219","catch_line":"Hearing on objections to the form","url":"\/38.2-2219\/","token":"38.2\/22\/38.2-2219","metadata":false},{"id":68775,"structure_id":13816,"section_number":"38.2-2220","catch_line":"Use of form after adoption","url":"\/38.2-2220\/","token":"38.2\/22\/38.2-2220","metadata":false},{"id":77162,"structure_id":13816,"section_number":"38.2-2221","catch_line":"Amendment of standard form","url":"\/38.2-2221\/","token":"38.2\/22\/38.2-2221","metadata":false},{"id":68996,"structure_id":13816,"section_number":"38.2-2222","catch_line":"Withdrawal of form","url":"\/38.2-2222\/","token":"38.2\/22\/38.2-2222","metadata":false},{"id":73915,"structure_id":13816,"section_number":"38.2-2223","catch_line":"Variations of, or additions to, form","url":"\/38.2-2223\/","token":"38.2\/22\/38.2-2223","metadata":false},{"id":67966,"structure_id":13816,"section_number":"38.2-2224","catch_line":"Commission to establish guidelines for filing readable motor vehicle insurance policy forms","url":"\/38.2-2224\/","token":"38.2\/22\/38.2-2224","metadata":false},{"id":70751,"structure_id":13816,"section_number":"38.2-2225","catch_line":"Sending copies of orders to companies affected","url":"\/38.2-2225\/","token":"38.2\/22\/38.2-2225","metadata":false},{"id":79233,"structure_id":13816,"section_number":"38.2-2226","catch_line":"Insurer to give notice to claimant of intention to rely on certain defenses and of execution of nonwaiver of rights agreement","url":"\/38.2-2226\/","token":"38.2\/22\/38.2-2226","metadata":false},{"id":64295,"structure_id":13816,"section_number":"38.2-2226.1","catch_line":"Insurer to give notice of settlement of claim","url":"\/38.2-2226.1\/","token":"38.2\/22\/38.2-2226.1","metadata":false},{"id":75189,"structure_id":13816,"section_number":"38.2-2227","catch_line":"Aircraft liability policy not to deny coverage for violation of federal or civil regulations, etc.; permitted exclusions or conditions","url":"\/38.2-2227\/","token":"38.2\/22\/38.2-2227","metadata":false},{"id":54902,"structure_id":13816,"section_number":"38.2-2228","catch_line":"Repealed","url":"\/38.2-2228\/","token":"38.2\/22\/38.2-2228","metadata":false},{"id":54970,"structure_id":13816,"section_number":"38.2-2228.2","catch_line":"Certain medical malpractice claims to be reported to the Commission","url":"\/38.2-2228.2\/","token":"38.2\/22\/38.2-2228.2","metadata":false},{"id":76107,"structure_id":13816,"section_number":"38.2-2229","catch_line":"Claims-made liability insurance","url":"\/38.2-2229\/","token":"38.2\/22\/38.2-2229","metadata":false},{"id":71578,"structure_id":13816,"section_number":"38.2-2230","catch_line":"Mandatory offer of rental reimbursement coverage","url":"\/38.2-2230\/","token":"38.2\/22\/38.2-2230","metadata":false},{"id":81873,"structure_id":13816,"section_number":"38.2-2231","catch_line":"Physical damage arbitration between insurers; alternate forums","url":"\/38.2-2231\/","token":"38.2\/22\/38.2-2231","metadata":false},{"id":54821,"structure_id":13816,"section_number":"38.2-2232","catch_line":"Liability insurance on private pleasure watercraft; optional coverage","url":"\/38.2-2232\/","token":"38.2\/22\/38.2-2232","metadata":false},{"id":69145,"structure_id":13816,"section_number":"38.2-2233","catch_line":"Installment payments of motor vehicle insurance","url":"\/38.2-2233\/","token":"38.2\/22\/38.2-2233","metadata":false},{"id":83935,"structure_id":13816,"section_number":"38.2-2234","catch_line":"Insurance credit score disclosure; use of credit information","url":"\/38.2-2234\/","token":"38.2\/22\/38.2-2234","metadata":false}],"previous_section":{"id":85859,"structure_id":13816,"section_number":"38.2-2203","catch_line":"Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians","url":"\/38.2-2203\/","token":"38.2\/22\/38.2-2203","metadata":false},"next_section":{"id":56297,"structure_id":13816,"section_number":"38.2-2205","catch_line":"Liability insurance on motor vehicles; standard provisions; applicability of other valid and collectible insurance","url":"\/38.2-2205\/","token":"38.2\/22\/38.2-2205","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2204\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 24 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 317; in 1958, chapter 282; in 1970, chapter 462; in 1962, chapter 457; in 1964, chapter 477; in 1966, chapters 182 and 459; in 1968, chapters 199 and 721; in 1970, chapter 494; in 1973, chapters 225 and 390; in 1974, chapter 87; in 1976, chapters 121 and 122; in 1977, chapter 78; in 1979, chapter 113; in 1980, chapters 326 and 331; in 1982, chapters 638 and 642; in 1984, chapter 541; in 1985, chapters 39 and 325; in 1986, chapters 544 and 562; in 1992, chapter 140; in 1995, chapter 652<\/a>; in 1999, chapter 4<\/a>; in 2003, chapters 756<\/a> and 761<\/a>; in 2005, chapter 771<\/a>; in 2020, chapters 900<\/a> and 1266<\/a>.<\/p>","references":[{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"},{"id":76965,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","order_by":null,"url":"\/38.2-2206\/"},{"id":80817,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","order_by":null,"url":"\/38.2-2212\/"},{"id":87356,"section_number":"38.2-5103","catch_line":"Risk retention groups not chartered in this Commonwealth","order_by":null,"url":"\/38.2-5103\/"}],"refers_to":[{"id":64674,"section_number":"2.2-1837","catch_line":"Risk management plan for public liability","order_by":null,"url":"\/2.2-1837\/"},{"id":75189,"section_number":"38.2-2227","catch_line":"Aircraft liability policy not to deny coverage for violation of federal or civil regulations, etc.; permitted exclusions or conditions","order_by":null,"url":"\/38.2-2227\/"},{"id":78224,"section_number":"46.2-1408","catch_line":"Definitions","order_by":null,"url":"\/46.2-1408\/"},{"id":86997,"section_number":"8.01-195.1","catch_line":"Short title","order_by":null,"url":"\/8.01-195.1\/"}],"permalink":{"id":213563,"object_type":"law","relational_id":70028,"identifier":"38.2-2204","token":"38.2\/22\/38.2-2204","url":"\/38.2-2204\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2204\/","token":"38.2\/22\/38.2-2204","dublin_core":{"Title":"Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; “omnibus clause.”","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2204","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No policy or contract<\/span> of bodily injury or property damage liability insurance<\/span>, covering liability arising from the ownership, maintenance, or use of any motor vehicle, aircraft, or private pleasure watercraft, shall be issued or delivered in the Commonwealth to the owner of such vehicle, aircraft, or watercraft, or shall be issued or delivered by any insurer<\/span> licensed in the Commonwealth upon any motor vehicle, aircraft, or private pleasure watercraft that is principally garaged, docked, or used in the Commonwealth, unless the policy contains a provision insuring the named insured, and any other person<\/span> using or responsible for the use of the motor vehicle, aircraft, or private pleasure watercraft with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract<\/span> as a result of negligence<\/span> in the operation or use of such vehicle, aircraft, or watercraft by the named insured or by any such person<\/span>; however, nothing contained in this section shall be deemed to prohibit an insurer<\/span> from limiting its liability under any one policy for bodily injury or property damage resulting from any one accident or occurrence to the liability limits for such coverage set forth in the policy for any such accident or occurrence or for any one person<\/span>, regardless of the number of insureds under that policy. Provided that, when one accident or occurrence involves more than one defendant<\/span> who is covered by the policy, the plaintiff<\/span> may recover the per person<\/span> limit of the policy against each such defendant<\/span>, subject to the per accident or occurrence limit of the policy. Each such policy or contract<\/span> of liability insurance<\/span>, or endorsement to the policy or contract<\/span>, insuring private passenger automobiles, aircraft, or private pleasure watercraft principally garaged, docked, or used in the Commonwealth, that has as the named insured an individual or spouses and that includes, with respect to any liability insurance<\/span> provided by the policy, contract<\/span>, or endorsement for use of a nonowned automobile, aircraft, or private pleasure watercraft, any provision requiring permission or consent of the owner of such automobile, aircraft, or private pleasure watercraft for the insurance<\/span> to apply, shall be construed to include permission or consent of the custodian in the provision requiring permission or consent of the owner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any requirements in this section to the contrary, an insurer<\/span> may exclude any person<\/span> from coverage under a personal umbrella or excess policy, if the exclusion is requested in writing by the first named insured and is acknowledged in writing by the excluded driver. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For aircraft liability insurance<\/span>, such policy or contract<\/span> may contain the exclusions listed in § 38.2-2227<\/a>. Notwithstanding the provisions of this section or any other provisions of law<\/span>, no policy or contract<\/span> shall require pilot experience greater than that prescribed by the Federal Aviation Administration, except for pilots operating air taxis, or pilots operating aircraft applying chemicals, seed, or fertilizer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No policy or contract<\/span> of bodily injury or property damage liability insurance<\/span> relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in the Commonwealth to the owner of such vehicle or shall be issued or delivered by an insurer<\/span> licensed in the Commonwealth upon any motor vehicle principally garaged or used in the Commonwealth without an endorsement or provision insuring the named insured, and any other person<\/span> using or responsible for the use of the motor vehicle with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract<\/span> as a result of negligence<\/span> in the operation or use of the motor vehicle by the named insured or by any other such person<\/span>; however, nothing contained in this section shall be deemed to prohibit an insurer<\/span> from limiting its liability under any one policy for bodily injury or property damage resulting from any one accident or occurrence to the liability limits for such coverage set forth in the policy for any such accident or occurrence or for any one person<\/span> regardless of the number of insureds under that policy. Provided that, when one accident or occurrence involves more than one defendant<\/span> who is covered by the policy, the plaintiff<\/span> may recover the per person<\/span> limit of the policy against each such defendant<\/span>, subject to the per accident or occurrence limit of the policy. This provision shall apply notwithstanding the failure or refusal of the named insured or such other person<\/span> to cooperate with the insurer<\/span> under the terms of the policy. If the failure or refusal to cooperate prejudices the insurer<\/span> in the defense of an action for damages<\/span> arising from the operation or use of such insured motor vehicle, then the endorsement or provision shall be void. If an insurer<\/span> has actual notice of a motion for judgment<\/span> or complaint having been served on an insured, the mere failure of the insured to turn the motion or complaint over to the insurer<\/span> shall not be a defense to the insurer<\/span>, nor void the endorsement or provision, nor in any way relieve the insurer<\/span> of its obligations to the insured, provided the insured otherwise cooperates and in no way prejudices the insurer<\/span>.\n\t\t\tWhere the insurer<\/span> has elected to provide a defense to its insured under such circumstances and files responsive pleadings<\/span> in the name of its insured, the insured shall not be subject to sanctions<\/span> for failure to comply with discovery<\/span> pursuant to Part Four of the Rules of Supreme Court<\/span> of Virginia unless it can be shown that the suit papers actually reached the insured, and that the insurer<\/span> has failed after exercising due diligence to locate its insured, and as long as the insurer<\/span> provides such information in response to discovery<\/span> as it can without the assistance of the insured. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any endorsement, provision or rider attached to or included in any such policy of insurance<\/span> which purports or seeks to limit or reduce the coverage afforded by the provisions required by this section shall be void, except an insurer<\/span> may exclude such coverage as is afforded by this section, where such coverage would inure to the benefit of the United States<\/span> Government or any agency or subdivision thereof under the provisions of the Federal Tort<\/span> Claims Act, the Federal Drivers Act and Public Law<\/span> 86-654 District of Columbia Employee Non-Liability Act, or to the benefit of the Commonwealth under the provisions of the Virginia Tort<\/span> Claims Act (§ 8.01-195.1<\/a> et seq.) and the self-insurance<\/span> plan established by the Department of General Services pursuant to § 2.2-1837<\/a> for any state<\/span> employee who, in the regular course of his employment, transports patients in his own personal vehicle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An insurer<\/span> writing a policy of bodily injury or property damage liability motor vehicle insurance<\/span>, or an endorsement to such policy, may exclude coverage under a motor vehicle policy issued to the owner of a shared vehicle for use of such vehicle on a peer-to-peer vehicle sharing platform during the vehicle sharing period for (i) liability coverage for bodily injury and property damage, (ii) uninsured and underinsured motorist coverage, (iii) medical expense and loss of income benefits coverage, and (iv) collision and other than collision physical damage coverage. Nothing in this article invalidates or limits an exclusion contained in a motor vehicle liability insurance<\/span> policy, including any insurance<\/span> policy in use or approved for use, that excludes coverage for motor vehicles used as a public or livery conveyance. For purposes of this subsection, “peer-to-peer vehicle sharing platform,” “shared vehicle,” and “vehicle sharing period” have the meanings ascribed to those terms in § 46.2-1408<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY INSURANCE ON MOTOR VEHICLES, AIRCRAFT, AND WATERCRAFT; STANDARD\nPROVISIONS; “OMNIBUS CLAUSE.” (\u00a7 38.2-2204)\n\nA. No policy or contract of bodily injury or property damage liability\ninsurance, covering liability arising from the ownership, maintenance, or use of\nany motor vehicle, aircraft, or private pleasure watercraft, shall be issued or\ndelivered in the Commonwealth to the owner of such vehicle, aircraft, or\nwatercraft, or shall be issued or delivered by any insurer licensed in the\nCommonwealth upon any motor vehicle, aircraft, or private pleasure watercraft\nthat is principally garaged, docked, or used in the Commonwealth, unless the\npolicy contains a provision insuring the named insured, and any other person\nusing or responsible for the use of the motor vehicle, aircraft, or private\npleasure watercraft with the expressed or implied consent of the named insured,\nagainst liability for death or injury sustained, or loss or damage incurred\nwithin the coverage of the policy or contract as a result of negligence in the\noperation or use of such vehicle, aircraft, or watercraft by the named insured\nor by any such person; however, nothing contained in this section shall be\ndeemed to prohibit an insurer from limiting its liability under any one policy\nfor bodily injury or property damage resulting from any one accident or\noccurrence to the liability limits for such coverage set forth in the policy for\nany such accident or occurrence or for any one person, regardless of the number\nof insureds under that policy. Provided that, when one accident or occurrence\ninvolves more than one defendant who is covered by the policy, the plaintiff may\nrecover the per person limit of the policy against each such defendant, subject\nto the per accident or occurrence limit of the policy. Each such policy or\ncontract of liability insurance, or endorsement to the policy or contract,\ninsuring private passenger automobiles, aircraft, or private pleasure watercraft\nprincipally garaged, docked, or used in the Commonwealth, that has as the named\ninsured an individual or spouses and that includes, with respect to any\nliability insurance provided by the policy, contract, or endorsement for use of\na nonowned automobile, aircraft, or private pleasure watercraft, any provision\nrequiring permission or consent of the owner of such automobile, aircraft, or\nprivate pleasure watercraft for the insurance to apply, shall be construed to\ninclude permission or consent of the custodian in the provision requiring\npermission or consent of the owner.\n\nB. Notwithstanding any requirements in this section to the contrary, an insurer\nmay exclude any person from coverage under a personal umbrella or excess policy,\nif the exclusion is requested in writing by the first named insured and is\nacknowledged in writing by the excluded driver.\n\nC. For aircraft liability insurance, such policy or contract may contain the\nexclusions listed in § 38.2-2227. Notwithstanding the provisions of this\nsection or any other provisions of law, no policy or contract shall require\npilot experience greater than that prescribed by the Federal Aviation\nAdministration, except for pilots operating air taxis, or pilots operating\naircraft applying chemicals, seed, or fertilizer.\n\nD. No policy or contract of bodily injury or property damage liability insurance\nrelating to the ownership, maintenance, or use of a motor vehicle shall be\nissued or delivered in the Commonwealth to the owner of such vehicle or shall be\nissued or delivered by an insurer licensed in the Commonwealth upon any motor\nvehicle principally garaged or used in the Commonwealth without an endorsement\nor provision insuring the named insured, and any other person using or\nresponsible for the use of the motor vehicle with the expressed or implied\nconsent of the named insured, against liability for death or injury sustained,\nor loss or damage incurred within the coverage of the policy or contract as a\nresult of negligence in the operation or use of the motor vehicle by the named\ninsured or by any other such person; however, nothing contained in this section\nshall be deemed to prohibit an insurer from limiting its liability under any one\npolicy for bodily injury or property damage resulting from any one accident or\noccurrence to the liability limits for such coverage set forth in the policy for\nany such accident or occurrence or for any one person regardless of the number\nof insureds under that policy. Provided that, when one accident or occurrence\ninvolves more than one defendant who is covered by the policy, the plaintiff may\nrecover the per person limit of the policy against each such defendant, subject\nto the per accident or occurrence limit of the policy. This provision shall\napply notwithstanding the failure or refusal of the named insured or such other\nperson to cooperate with the insurer under the terms of the policy. If the\nfailure or refusal to cooperate prejudices the insurer in the defense of an\naction for damages arising from the operation or use of such insured motor\nvehicle, then the endorsement or provision shall be void. If an insurer has\nactual notice of a motion for judgment or complaint having been served on an\ninsured, the mere failure of the insured to turn the motion or complaint over to\nthe insurer shall not be a defense to the insurer, nor void the endorsement or\nprovision, nor in any way relieve the insurer of its obligations to the insured,\nprovided the insured otherwise cooperates and in no way prejudices the insurer.\n\t\t\tWhere the insurer has elected to provide a defense to its insured under such\ncircumstances and files responsive pleadings in the name of its insured, the\ninsured shall not be subject to sanctions for failure to comply with discovery\npursuant to Part Four of the Rules of Supreme Court of Virginia unless it can be\nshown that the suit papers actually reached the insured, and that the insurer\nhas failed after exercising due diligence to locate its insured, and as long as\nthe insurer provides such information in response to discovery as it can without\nthe assistance of the insured.\n\nE. Any endorsement, provision or rider attached to or included in any such\npolicy of insurance which purports or seeks to limit or reduce the coverage\nafforded by the provisions required by this section shall be void, except an\ninsurer may exclude such coverage as is afforded by this section, where such\ncoverage would inure to the benefit of the United States Government or any\nagency or subdivision thereof under the provisions of the Federal Tort Claims\nAct, the Federal Drivers Act and Public Law 86-654 District of Columbia Employee\nNon-Liability Act, or to the benefit of the Commonwealth under the provisions of\nthe Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and the self-insurance\nplan established by the Department of General Services pursuant to §\n2.2-1837 for any state employee who, in the regular course of his employment,\ntransports patients in his own personal vehicle.\n\nF. An insurer writing a policy of bodily injury or property damage liability\nmotor vehicle insurance, or an endorsement to such policy, may exclude coverage\nunder a motor vehicle policy issued to the owner of a shared vehicle for use of\nsuch vehicle on a peer-to-peer vehicle sharing platform during the vehicle\nsharing period for (i) liability coverage for bodily injury and property damage,\n(ii) uninsured and underinsured motorist coverage, (iii) medical expense and\nloss of income benefits coverage, and (iv) collision and other than collision\nphysical damage coverage. Nothing in this article invalidates or limits an\nexclusion contained in a motor vehicle liability insurance policy, including any\ninsurance policy in use or approved for use, that excludes coverage for motor\nvehicles used as a public or livery conveyance. For purposes of this subsection,\n“peer-to-peer vehicle sharing platform,” “shared\nvehicle,” and “vehicle sharing period” have the meanings\nascribed to those terms in § 46.2-1408.\n\nHISTORY: Code 1950, \u00a7 38-238; 1952, c. 317, \u00a7 38.1-381; 1958, c. 282; 1959,\nEx. Sess., cc. 42, 70; 1970, c. 462; 1962, c. 457; 1964, c. 477; 1966, cc. 182,\n459; 1968, cc. 199, 721; 1970, c. 494; 1971, Ex. Sess., c. 216; 1973, cc. 225,\n390; 1974, c. 87; 1976, cc. 121, 122; 1977, c. 78; 1979, c. 113; 1980, cc. 326,\n331; 1981, Sp. Sess., c. 6; 1982, cc. 638, 642; 1984, c. 541; 1985, cc. 39, 325;\n1986, cc. 544, 562; 1992, c. 140; 1995, c. 652; 1999, c. 4; 2003, cc. 756, 761;\n2005, c. 771; 2020, cc. 900, 1266.","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}}