{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2226.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2226.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2226.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2226.html"}],"law_id":79233,"edition_id":1,"section_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","history":"1968, c. 410, \u00a7 38.1-389.1; 1986, c. 562; 1997, c. 377; 2001, c. 728.","full_text":"Whenever any insurer on a policy of liability insurance discovers a breach of the terms or conditions of the insurance contract by the insured, the insurer shall notify the claimant or the claimant’s counsel of the breach. Notification shall be given within forty-five days after discovery by the insurer of the breach or of the claim, whichever is later. Whenever, on account of such breach, a nonwaiver of rights agreement is executed by the insurer and the insured, or a reservation of rights letter is sent by the insurer to the insured, notice of such action shall be given to the claimant or the claimant’s counsel within forty-five days after that agreement is executed or the letter is sent, or after notice of the claim is received, whichever is later. Failure to give the notice within forty-five days will result in a waiver of the defense based on such breach to the extent of the claim by operation of law.\n\t\tNotwithstanding the provisions of this section, in any claim in which a civil action has been filed by the claimant, the insurer shall give notice of reservation of rights in writing to the claimant, or if the claimant is represented by counsel, to claimant’s counsel not less than thirty days prior to the date set for trial of the matter. The court, upon motion of the insurer and for good cause shown, may allow such notice to be given fewer than thirty days prior to the trial date. Failure to give the notice within thirty days of the trial date, or such shorter period as the court may have allowed, shall result in a waiver of the defense based on such breach to the extent of the claim by operation of law.","order_by":null,"text":{"0":{"id":283699,"text":"Whenever any insurer on a policy of liability insurance discovers a breach of the terms or conditions of the insurance contract by the insured, the insurer shall notify the claimant or the claimant’s counsel of the breach. Notification shall be given within forty-five days after discovery by the insurer of the breach or of the claim, whichever is later. Whenever, on account of such breach, a nonwaiver of rights agreement is executed by the insurer and the insured, or a reservation of rights letter is sent by the insurer to the insured, notice of such action shall be given to the claimant or the claimant’s counsel within forty-five days after that agreement is executed or the letter is sent, or after notice of the claim is received, whichever is later. Failure to give the notice within forty-five days will result in a waiver of the defense based on such breach to the extent of the claim by operation of law.\n\t\tNotwithstanding the provisions of this section, in any claim in which a civil action has been filed by the claimant, the insurer shall give notice of reservation of rights in writing to the claimant, or if the claimant is represented by counsel, to claimant’s counsel not less than thirty days prior to the date set for trial of the matter. The court, upon motion of the insurer and for good cause shown, may allow such notice to be given fewer than thirty days prior to the trial date. Failure to give the notice within thirty days of the trial date, or such shorter period as the court may have allowed, shall result in a waiver of the defense based on such breach to the extent of the claim by operation of law.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2226\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 410 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. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1986, chapter 562; in 1997, chapter 377<\/a>; in 2001, chapter 728<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":213667,"object_type":"law","relational_id":79233,"identifier":"38.2-2226","token":"38.2\/22\/38.2-2226","url":"\/38.2-2226\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2226\/","token":"38.2\/22\/38.2-2226","dublin_core":{"Title":"Insurer to give notice to claimant of intention to rely on certain defenses and of execution of nonwaiver of rights agreement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2226","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever any insurer<\/span> on a policy of liability insurance<\/span> discovers a breach of the terms or conditions of the insurance<\/span> contract<\/span> by the insured, the insurer<\/span> shall notify the claimant or the claimant’s counsel<\/span> of the breach. Notification shall be given within forty-five days after discovery<\/span> by the insurer<\/span> of the breach or of the claim, whichever is later. Whenever, on account of such breach, a nonwaiver of rights agreement is executed by the insurer<\/span> and the insured, or a reservation of rights letter is sent by the insurer<\/span> to the insured, notice of such action shall be given to the claimant or the claimant’s counsel<\/span> within forty-five days after that agreement is executed or the letter is sent, or after notice of the claim is received, whichever is later. Failure to give the notice within forty-five days will result in a waiver<\/span> of the defense based on such breach to the extent of the claim by operation of law<\/span>.\n\t\tNotwithstanding the provisions of this section, in any claim in which a civil action<\/span> has been filed by the claimant, the insurer<\/span> shall give notice of reservation of rights in writing to the claimant, or if the claimant is represented by counsel<\/span>, to claimant’s counsel<\/span> not less than thirty days prior to the date set for trial<\/span> of the matter. The court<\/span>, upon motion<\/span> of the insurer<\/span> and for good cause shown, may allow such notice to be given fewer than thirty days prior to the trial<\/span> date. Failure to give the notice within thirty days of the trial<\/span> date, or such shorter period as the court<\/span> may have allowed, shall result in a waiver<\/span> of the defense based on such breach to the extent of the claim by operation of law<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINSURER TO GIVE NOTICE TO CLAIMANT OF INTENTION TO RELY ON CERTAIN DEFENSES AND\nOF EXECUTION OF NONWAIVER OF RIGHTS AGREEMENT (\u00a7 38.2-2226)\n\nWhenever any insurer on a policy of liability insurance discovers a breach of\nthe terms or conditions of the insurance contract by the insured, the insurer\nshall notify the claimant or the claimant’s counsel of the breach.\nNotification shall be given within forty-five days after discovery by the\ninsurer of the breach or of the claim, whichever is later. Whenever, on account\nof such breach, a nonwaiver of rights agreement is executed by the insurer and\nthe insured, or a reservation of rights letter is sent by the insurer to the\ninsured, notice of such action shall be given to the claimant or the\nclaimant’s counsel within forty-five days after that agreement is executed\nor the letter is sent, or after notice of the claim is received, whichever is\nlater. Failure to give the notice within forty-five days will result in a waiver\nof the defense based on such breach to the extent of the claim by operation of\nlaw.\n\t\tNotwithstanding the provisions of this section, in any claim in which a civil\naction has been filed by the claimant, the insurer shall give notice of\nreservation of rights in writing to the claimant, or if the claimant is\nrepresented by counsel, to claimant’s counsel not less than thirty days\nprior to the date set for trial of the matter. The court, upon motion of the\ninsurer and for good cause shown, may allow such notice to be given fewer than\nthirty days prior to the trial date. Failure to give the notice within thirty\ndays of the trial date, or such shorter period as the court may have allowed,\nshall result in a waiver of the defense based on such breach to the extent of\nthe claim by operation of law.\n\nHISTORY: 1968, c. 410, \u00a7 38.1-389.1; 1986, c. 562; 1997, c. 377; 2001, c. 728.","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}}