                                 CODE OF VIRGINIA

ASSIGNMENT OF CLAIMS PROHIBITED (§ 38.2-2131)

A. Consistent with the provisions of &#xA7; 38.2-2104, no person insured under a
fire insurance policy or a fire insurance policy in combination with other
coverages shall assign or otherwise transfer, in whole or in part, to any other
person the duties, rights, or benefits of the insured under the policy arising
from a claim or covered loss without written consent of the insurer.

B. Any contract provision entered in violation of this section shall be void and
unenforceable.

C. The provisions of this section shall not be construed to prohibit an insured
from:

   1. Authorizing or directing payment to, or paying, a person for reasonable
   services, materials, or any other item that is covered or may be covered under
   an insurance policy; or

   2. Assigning rights to seek damages related to a personal injury or tort case
   arising from a settlement, verdict, or resulting judgment against the insured
   that is in excess of the insured&#8217;s liability insurance coverage, subject
   to defenses available by law.

D. Notwithstanding the provisions of &#xA7; 38.2-2123, the provisions of this
section shall apply to (i) mutual assessment property and casualty insurers and
(ii) mutual insurers and associations organized under the laws of the
Commonwealth conducting business only in the Commonwealth and issuing only
policies providing for perpetual insurance.

HISTORY: 2025, cc. 120, 134.