                                 CODE OF VIRGINIA

SPECIAL INSURANCE PROVISIONS FOR CERTAIN CARRIERS (§ 46.2-2143.2)

A. The provisions of this section shall apply only to motor carriers exempt
under subdivision 6 of &#xA7; 46.2-2101 and insurance policies maintained by
such carriers pursuant to this article.

B. Insurance coverage for motor carriers shall be primary, and the requirements
of § 46.2-2143.1 may be satisfied by any of the following:

   1. Insurance maintained by the motor carrier;

   2. Insurance maintained by another person on behalf of the motor carrier; or

   3. Any combination of subdivisions 1 and 2.

C. A motor carrier may meet its obligation under subsection B of &#xA7;
46.2-2143.1 through a policy obtained by a person other than the carrier under
subdivision B 2 or 3 only if the motor carrier verifies that the policy is
maintained by such other person.

D. Insurers providing coverage under subsection B of &#xA7; 46.2-2143.1 shall
have the exclusive duty to defend any liability claim, including any claim
against a motor carrier or person acting for or on behalf of the motor carrier,
arising from an accident occurring within the time period specified in
subsection A of &#xA7; 46.2-2143.1. Insurers of the personal automobile
insurance policy of neither a person acting for or on behalf of the motor
carrier nor the vehicle&#8217;s owner shall have the duty to defend or indemnify
the activities of a person acting for or on behalf of a motor carrier in
connection with the motor carrier unless such policy expressly provides
otherwise for the period of time to which subsection A of &#xA7; 46.2-2143.1 is
applicable or the policy contains an amendment or endorsement to provide that
coverage.

E. Coverage under a motor carrier&#8217;s insurance policy shall not be
dependent on a personal automobile policy&#8217;s first denying a claim, nor
shall a personal automobile insurance policy be required to first deny a claim.

F. Nothing in this section shall be construed to require a personal automobile
insurance policy to provide primary or excess coverage. The personal automobile
insurance policy of neither a person acting for or on behalf of the motor
carrier nor the vehicle&#8217;s owner shall provide coverage for activities in
connection with the motor carrier to such person acting for or on behalf of the
motor carrier, the vehicle owner, or any third party unless such policy
expressly provides otherwise for the period of time to which subsection A of
&#xA7; 46.2-2143.1 is applicable or the policy contains an amendment or
endorsement to provide that coverage.

G. In every instance where motor carrier insurance maintained by a person other
than the motor carrier to fulfill the insurance obligations of subsection B of
&#xA7; 46.2-2143.1 has lapsed or ceased to exist, the motor carrier shall
provide the coverage required by that subsection beginning with the first dollar
of a claim.

H. This section shall not limit the liability of a motor carrier arising out of
an accident involving a person acting for or on behalf of the carrier in any
action for damages against a motor carrier for an amount above the required
insurance coverage.

I. Any person, or an attorney acting on his behalf, who suffers a loss in an
automobile accident with a reasonable belief that the accident involves a
vehicle operated by a person acting for or on behalf of a motor carrier and who
provides the motor carrier with the date, approximate time, and location of the
accident, the name of the vehicle operator, if available, and the accident
report, if available, may request in writing from the motor carrier information
relating to the insurance coverage and the company providing the coverage. The
motor carrier shall respond electronically or in writing within 30 days. The
motor carrier&#8217;s response shall contain the following information: (i)
whether, at the approximate time of the accident, the vehicle was being operated
for or on behalf of the motor carrier; (ii) the name of the insurance carrier
providing primary coverage; and (iii) the identity and last known address of the
vehicle operator.

J. Any insurance required by subsection B of &#xA7; 46.2-2143.1 may be placed
with an insurer that has been admitted in Virginia or with an insurer providing
surplus lines insurance as defined in &#xA7; 38.2-4805.2.

K. Any insurance policy required by subsection B of &#xA7; 46.2-2143.1 shall
satisfy the financial responsibility requirement for a motor vehicle under
&#xA7; 46.2-706 during the period such vehicle is being operated for or on
behalf of a motor carrier.

L. If a vehicle operated by a person acting for or on behalf of a motor carrier
is insured under a personal automobile insurance policy that does not exclude
coverage, then such policy shall provide primary coverage and an insurance
policy maintained by the motor carrier under &#xA7; 46.2-2143.1 shall provide
excess coverage up to at least the limits required by &#xA7; 46.2-2143.1.

M. In a claims coverage investigation, a motor carrier and its insurer shall
cooperate with insurers involved in the claims coverage investigation to
facilitate the exchange of information, including the date and time of any
accident involving a vehicle operated for or on behalf of the motor carrier and
the precise times that the vehicle was being operated for or on behalf of the
motor carrier.

HISTORY: 2017, cc. 790, 815.