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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70028</law_id><section_number>38.2-2204</section_number><catch_line>Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; &amp;#8220;omnibus clause.&amp;#8221;</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>38.2-1800</reference><reference>38.2-2206</reference><reference>38.2-2212</reference><reference>38.2-5103</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="38.2">Insurance</unit><unit label="chapter" level="2" order_by="1" identifier="22">Liability Insurance Policies</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> No policy or <span class="dictionary">contract</span> of bodily injury or property damage liability <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">contract</span> as a result of <span class="dictionary">negligence</span> in the operation or use of such vehicle, aircraft, or watercraft by the named insured or by any such <span class="dictionary">person</span>; however, nothing contained in this section shall be deemed to prohibit an <span class="dictionary">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 <span class="dictionary">person</span>, regardless of the number of insureds under that policy. Provided that, when one accident or occurrence involves more than one <span class="dictionary">defendant</span> who is covered by the policy, the <span class="dictionary">plaintiff</span> may recover the per <span class="dictionary">person</span> limit of the policy against each such <span class="dictionary">defendant</span>, subject to the per accident or occurrence limit of the policy. Each such policy or <span class="dictionary">contract</span> of liability <span class="dictionary">insurance</span>, or endorsement to the policy or <span class="dictionary">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 <span class="dictionary">insurance</span> provided by the policy, <span class="dictionary">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 <span class="dictionary">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. <a id="paragraph-252994" class="section-permalink" href="https://vacode.org/38.2-2204/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Notwithstanding any requirements in this section to the contrary, an <span class="dictionary">insurer</span> may exclude any <span class="dictionary">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. <a id="paragraph-252995" class="section-permalink" href="https://vacode.org/38.2-2204/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> For aircraft liability <span class="dictionary">insurance</span>, such policy or <span class="dictionary">contract</span> may contain the exclusions listed in &#xA7; <a class="law" title="Aircraft liability policy not to deny coverage for violation of federal or civil regulations, etc.; permitted exclusions or conditions" href="/38.2-2227/">38.2-2227</a>. Notwithstanding the provisions of this section or any other provisions of <span class="dictionary">law</span>, no policy or <span class="dictionary">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. <a id="paragraph-252996" class="section-permalink" href="https://vacode.org/38.2-2204/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> No policy or <span class="dictionary">contract</span> of bodily injury or property damage liability <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">contract</span> as a result of <span class="dictionary">negligence</span> in the operation or use of the motor vehicle by the named insured or by any other such <span class="dictionary">person</span>; however, nothing contained in this section shall be deemed to prohibit an <span class="dictionary">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 <span class="dictionary">person</span> regardless of the number of insureds under that policy. Provided that, when one accident or occurrence involves more than one <span class="dictionary">defendant</span> who is covered by the policy, the <span class="dictionary">plaintiff</span> may recover the per <span class="dictionary">person</span> limit of the policy against each such <span class="dictionary">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 <span class="dictionary">person</span> to cooperate with the <span class="dictionary">insurer</span> under the terms of the policy. If the failure or refusal to cooperate prejudices the <span class="dictionary">insurer</span> in the defense of an action for <span class="dictionary">damages</span> arising from the operation or use of such insured motor vehicle, then the endorsement or provision shall be void. If an <span class="dictionary">insurer</span> has actual notice of a <span class="dictionary">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 <span class="dictionary">insurer</span> shall not be a defense to the <span class="dictionary">insurer</span>, nor void the endorsement or provision, nor in any way relieve the <span class="dictionary">insurer</span> of its obligations to the insured, provided the insured otherwise cooperates and in no way prejudices the <span class="dictionary">insurer</span>.
			Where the <span class="dictionary">insurer</span> has elected to provide a defense to its insured under such circumstances and files responsive <span class="dictionary">pleadings</span> in the name of its insured, the insured shall not be subject to <span class="dictionary">sanctions</span> for failure to comply with <span class="dictionary">discovery</span> pursuant to Part Four of the Rules of Supreme <span class="dictionary">Court</span> of Virginia unless it can be shown that the suit papers actually reached the insured, and that the <span class="dictionary">insurer</span> has failed after exercising due diligence to locate its insured, and as long as the <span class="dictionary">insurer</span> provides such information in response to <span class="dictionary">discovery</span> as it can without the assistance of the insured. <a id="paragraph-252997" class="section-permalink" href="https://vacode.org/38.2-2204/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> Any endorsement, provision or rider attached to or included in any such policy of <span class="dictionary">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 <span class="dictionary">insurer</span> may exclude such coverage as is afforded by this section, where such coverage would inure to the benefit of the United <span class="dictionary">States</span> Government or any agency or subdivision thereof under the provisions of the Federal <span class="dictionary">Tort</span> Claims Act, the Federal Drivers Act and Public <span class="dictionary">Law</span> 86-654 District of Columbia Employee Non-Liability Act, or to the benefit of the Commonwealth under the provisions of the Virginia <span class="dictionary">Tort</span> Claims Act (&#xA7; <a class="law" title="Short title" href="/8.01-195.1/">8.01-195.1</a> et seq.) and the self-<span class="dictionary">insurance</span> plan established by the Department of General Services pursuant to &#xA7; <a class="law" title="Risk management plan for public liability" href="/2.2-1837/">2.2-1837</a> for any <span class="dictionary">state</span> employee who, in the regular course of his employment, transports patients in his own personal vehicle. <a id="paragraph-252998" class="section-permalink" href="https://vacode.org/38.2-2204/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> An <span class="dictionary">insurer</span> writing a policy of bodily injury or property damage liability motor vehicle <span class="dictionary">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 <span class="dictionary">insurance</span> policy, including any <span class="dictionary">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, &#x201C;peer-to-peer vehicle sharing platform,&#x201D; &#x201C;shared vehicle,&#x201D; and &#x201C;vehicle sharing period&#x201D; have the meanings ascribed to those terms in &#xA7; <a class="law" title="Definitions" href="/46.2-1408/">46.2-1408</a>. <a id="paragraph-252999" class="section-permalink" href="https://vacode.org/38.2-2204/#F"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 38-238; 1952, c. 317, &#xA7; 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.</history><metadata></metadata></law>
