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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54821</law_id><section_number>38.2-2232</section_number><catch_line>Liability insurance on private pleasure watercraft; optional coverage</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><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> Every <span class="dictionary">insurer</span> issuing a <span class="dictionary">new or renewal policy or contract covering liability arising from the ownership, maintenance or use of a private pleasure watercraft</span> shall offer, in writing, to the named insured the option of purchasing coverage for <span class="dictionary">damages</span> which the insured is legally entitled to recover from the owner or operator of an <span class="dictionary">uninsured private pleasure watercraft</span> arising out of the ownership, maintenance, or use of such uninsured watercraft. Such <span class="dictionary">insurer</span> shall be required to offer limits of liability for <span class="dictionary">uninsured private pleasure watercraft</span> coverage equal to the limits of the liability <span class="dictionary">insurance</span> provided by the policy. However, no <span class="dictionary">insurer</span> shall be required to pay <span class="dictionary">damages</span> for <span class="dictionary">uninsured private pleasure watercraft</span> coverage in excess of the limits of <span class="dictionary">uninsured private pleasure watercraft</span> coverage provided by the policy. <span class="dictionary">Uninsured private pleasure watercraft</span> coverage shall include coverage for bodily injury and property damage liability; provided, however, that such property damage liability coverage shall be excess over any other valid and collectible <span class="dictionary">insurance</span> of any kind applicable to the property. <span class="dictionary">Insurers</span> issuing or providing liability policies that are of an excess or umbrella type or which provide liability coverage incidental to a policy not related to a specifically insured private pleasure watercraft shall not be required to offer, provide or make available to those policies <span class="dictionary">uninsured private pleasure watercraft</span> coverage.
			For purposes of this section, a &#x201C;<span class="dictionary">new or renewal policy or contract covering liability arising from the ownership, maintenance or use of a private pleasure watercraft</span>&#x201D; shall mean and include only a policy or contract of marine protection and indemnity <span class="dictionary">insurance</span>, as defined in subsection B of &#xA7; <a class="law" title="Marine" href="/38.2-126/">38.2-126</a>, written as a separate policy, which is not in combination with any other class of <span class="dictionary">insurance</span> defined in Article 2 (&#xA7; <a class="law" title="Classification of insurance" href="/38.2-101/">38.2-101</a> et seq.) of Chapter 1 of this title, to insure a private pleasure watercraft.
			For purposes of this section, &#x201C;<span class="dictionary">uninsured private pleasure watercraft</span>&#x201D; means a private pleasure watercraft for which there is no valid <span class="dictionary">insurance</span> policy or contract covering liability arising from the ownership, maintenance, or use of such private pleasure watercraft in effect at the time liability is incurred. Such term does not, however, include any watercraft owned by, furnished to, or available for the regular use of any insured, or owned by any governmental unit or agency. <a id="paragraph-201158" class="section-permalink" href="https://vacode.org/38.2-2232/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If any action is instituted against an owner or operator of an <span class="dictionary">uninsured private pleasure watercraft</span> by any insured intending to rely on the coverage required by this section, then the insured shall serve a copy of the process upon the <span class="dictionary">insurer</span> in the manner prescribed by <span class="dictionary">law</span>, as though the <span class="dictionary">insurer</span> were a <span class="dictionary">party</span> <span class="dictionary">defendant</span>, but the provisions of &#xA7; <a class="law" title="Process received in time good though neither served nor accepted" href="/8.01-288/">8.01-288</a> shall not be applicable to <span class="dictionary">service of process</span> under this section. The <span class="dictionary">insurer</span> shall then have the right to file <span class="dictionary">pleadings</span> and take other actions allowable by <span class="dictionary">law</span> in the name of the owner or operator of the <span class="dictionary">uninsured private pleasure watercraft</span> or in its own name.
			Any <span class="dictionary">insurer</span> paying a claim under coverage required by this section shall be subrogated to the rights of the insured to the extent of any payment on such claim. <a id="paragraph-201159" class="section-permalink" href="https://vacode.org/38.2-2232/#B"><i class="fa fa-link"/></a></p></section></text><history>1998, c. 726; 1999, c. 918.</history><metadata></metadata></law>
