                                 CODE OF VIRGINIA

LIABILITY INSURANCE ON MOTOR VEHICLES, AIRCRAFT, AND WATERCRAFT; STANDARD
PROVISIONS; &#8220;OMNIBUS CLAUSE.&#8221; (§ 38.2-2204)

A. No policy or contract of bodily injury or property damage liability
insurance, 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 insurer 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 person
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 contract as a result of negligence in the
operation or use of such vehicle, aircraft, or watercraft by the named insured
or by any such person; however, nothing contained in this section shall be
deemed to prohibit an insurer 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 person, regardless of the number
of insureds under that policy. Provided that, when one accident or occurrence
involves more than one defendant who is covered by the policy, the plaintiff may
recover the per person limit of the policy against each such defendant, subject
to the per accident or occurrence limit of the policy. Each such policy or
contract of liability insurance, or endorsement to the policy or contract,
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 insurance provided by the policy, contract, 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 insurance to apply, shall be construed to
include permission or consent of the custodian in the provision requiring
permission or consent of the owner.

B. Notwithstanding any requirements in this section to the contrary, an insurer
may exclude any person 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.

C. For aircraft liability insurance, such policy or contract may contain the
exclusions listed in &#xA7; 38.2-2227. Notwithstanding the provisions of this
section or any other provisions of law, no policy or contract 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.

D. No policy or contract of bodily injury or property damage liability insurance
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 insurer 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 person 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 contract as a
result of negligence in the operation or use of the motor vehicle by the named
insured or by any other such person; however, nothing contained in this section
shall be deemed to prohibit an insurer 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 person regardless of the number
of insureds under that policy. Provided that, when one accident or occurrence
involves more than one defendant who is covered by the policy, the plaintiff may
recover the per person limit of the policy against each such defendant, 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
person to cooperate with the insurer under the terms of the policy. If the
failure or refusal to cooperate prejudices the insurer in the defense of an
action for damages arising from the operation or use of such insured motor
vehicle, then the endorsement or provision shall be void. If an insurer has
actual notice of a motion for judgment or complaint having been served on an
insured, the mere failure of the insured to turn the motion or complaint over to
the insurer shall not be a defense to the insurer, nor void the endorsement or
provision, nor in any way relieve the insurer of its obligations to the insured,
provided the insured otherwise cooperates and in no way prejudices the insurer.
			Where the insurer has elected to provide a defense to its insured under such
circumstances and files responsive pleadings in the name of its insured, the
insured shall not be subject to sanctions for failure to comply with discovery
pursuant to Part Four of the Rules of Supreme Court of Virginia unless it can be
shown that the suit papers actually reached the insured, and that the insurer
has failed after exercising due diligence to locate its insured, and as long as
the insurer provides such information in response to discovery as it can without
the assistance of the insured.

E. Any endorsement, provision or rider attached to or included in any such
policy of insurance which purports or seeks to limit or reduce the coverage
afforded by the provisions required by this section shall be void, except an
insurer may exclude such coverage as is afforded by this section, where such
coverage would inure to the benefit of the United States Government or any
agency or subdivision thereof under the provisions of the Federal Tort Claims
Act, the Federal Drivers Act and Public Law 86-654 District of Columbia Employee
Non-Liability Act, or to the benefit of the Commonwealth under the provisions of
the Virginia Tort Claims Act (&#xA7; 8.01-195.1 et seq.) and the self-insurance
plan established by the Department of General Services pursuant to &#xA7;
2.2-1837 for any state employee who, in the regular course of his employment,
transports patients in his own personal vehicle.

F. An insurer writing a policy of bodily injury or property damage liability
motor vehicle insurance, 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 insurance policy, including any
insurance 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,
&#8220;peer-to-peer vehicle sharing platform,&#8221; &#8220;shared
vehicle,&#8221; and &#8220;vehicle sharing period&#8221; have the meanings
ascribed to those terms in &#xA7; 46.2-1408.

HISTORY: Code 1950, § 38-238; 1952, c. 317, § 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.