                                 CODE OF VIRGINIA

DISCLOSURE OF CERTAIN HOMEOWNERS INSURANCE AND PERSONAL INJURY LIABILITY
INSURANCE POLICY LIMITS (§ 8.01-417.01)

A. After written notice of representation by an attorney of an individual
injured at the residence of another, such attorney, or an individual injured at
the residence of another if such individual is not represented by counsel, may,
prior to the filing of a civil action for personal injuries sustained at the
residence of another, request in writing that the insurer of the residence
disclose the limits of liability of any homeowners insurance policy or any
personal injury liability insurance policy that may be applicable to the claim.
The requesting party shall provide the insurer with the date the injury was
sustained; the address of the residence at which the injury was sustained; the
name of the owner of the residence; and the claim number, if available. The
requesting party shall also submit to the insurer the injured person&#8217;s
medical records, medical bills, and wage-loss documentation, if applicable,
pertaining to the claimed injury. If the total of the medical bills and wage
losses submitted equals or exceeds $12,500, the insurer shall respond in writing
within 30 days of receipt of the request and shall disclose the limits of
liability at the time the injury was sustained of all such policies, regardless
of whether the insurer contests the applicability of the policy to the injured
person&#8217;s claim. Disclosure of the policy limits under this section shall
not constitute an admission that the alleged injury or damage is subject to the
policy. Information concerning the insurance policy is not by reason of
disclosure pursuant to this subsection admissible as evidence at trial.

B. After written notice of representation by an attorney of the personal
representative of the estate of a decedent who died as a result of an injury
sustained at the residence of another, such attorney, or the personal
representative of the estate of a decedent who died as a result of an injury
sustained at the residence of another if such personal representative is not
represented by counsel, may, prior to the filing of a civil action for wrongful
death as a result of an injury sustained at the residence of another, request in
writing that the insurer of the residence disclose the limits of liability of
any homeowners insurance policy or any personal injury liability insurance
policy that may be applicable to the claim. The requesting party shall provide
the insurer with the date the injury was sustained; the address of the residence
at which the injury was sustained; the name of the owner of the residence; and
the claim number, if available. The requesting party shall also submit to the
insurer the death certificate of the decedent; the certificate of qualification
of the personal representative of the decedent&#8217;s estate; the names and
relationships of the statutory beneficiaries of the decedent; medical bills, if
any, supporting a claim for damages under subdivision 3 of &#xA7; 8.01-52; and,
if at the time the request is made a claim for damages under clause (i) of
subdivision 2 of &#xA7; 8.01-52 is anticipated, a description of the source,
amount, and payment history of the claimed income loss for each beneficiary. The
insurer shall respond in writing within 30 days of receipt of the request and
shall disclose the limits of liability at the time the injury was sustained of
all such policies, regardless of whether the insurer contests the applicability
of the policy to the personal representative&#8217;s claim. Disclosure of the
policy limits under this section shall not constitute an admission that the
alleged death or other damage is subject to the policy. Information concerning
the insurance policy is not by reason of disclosure pursuant to this subsection
admissible as evidence at trial.

C. As used in subsections A and B, &#8220;insurer&#8221; does not include the
insurance agency or the insurance agent representing the homeowner as the
authorized representative or agent with respect to any homeowners insurance
policy or any personal injury liability insurance policy.

HISTORY: 2017, c. 44.