                                 CODE OF VIRGINIA

CERTAIN EXCLUSIONS PERMITTED (§ 38.2-2128)

Notwithstanding the provisions of § 38.2-2108, any insurer that issues or
delivers in the Commonwealth a new or renewal policy written to insure an
owner-occupied dwelling may, with the named insured&#8217;s written consent,
exclude from coverage any liability resulting from an injury caused by a
dangerous or vicious animal owned by or in the care, custody, or control of the
insured if such animal has bitten, attacked, or inflicted injury on a person or
a companion animal. Such risk shall be specifically identified in the exclusion.
Uniform policy forms or endorsements that will be used by the insurer for such
exclusions shall be filed with the Commission pursuant to § 38.2-317 and shall
contain a disclosure stating that the named insured has agreed to the specified
risk being excluded under the policy. The insured&#8217;s execution of the
document evidencing his consent thereto shall be acknowledged before a notary
public or witnessed by a disinterested person. Such signed exclusions, evidence
of the insured&#8217;s consent, and the insurer&#8217;s documentation
substantiating the reason for the exclusion shall be made available to the
Commission upon request. Upon completion of the notarized or witnessed signed
exclusion, the insurer shall not be required to obtain the insured&#8217;s
written consent for any subsequent policy renewals.

HISTORY: 2004, c. 751.