78059538.2-2206Virginia Decodedhttps://vacode.org2016InsuranceLiability Insurance PoliciesUninsured motorist insurance coverageCode 1950, § 38-238; 1952, c. 317, § 38.1-381; 1958, c. 282; 1959, Ex. Sess., cc. 42, 70; 1960, 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, c. 562; 1987, c. 519; 1988, cc. 565, 578, 585, 586, 594; 1989, c. 621; 1993, c. 381; 1995, cc. 189, 267, 476; 1997, cc. 170, 191; 1999, c. 992; 2001, c. 218; 2003, c. 283; 2010, c. 492; 2011, c. 107; 2015, cc. 584, 585. . . . Thomas M. Stone v. Liberty Mutual Insurance Company, Thomas . . . 95-1110105 F.3d 1881997-01-28https://www.courtlistener.com/opinion/733410/thomas-m-stone-v-liberty-mutual-insurance-company-thomas-m-stone-v/ . . . violated subsection 38.2-2206 A, because Stone is an insured under subsection 38.2-2206 B. In light . . . Court of Appeals for the Fourth CircuitUSAA Cas. Ins. Co. v. AlexanderRecord No. 930919445 S.E.2d 1451994-06-10https://www.courtlistener.com/opinion/1310743/usaa-cas-ins-co-v-alexander/ . . . of Code § 38.2-2206(B). . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Buchanan v. DoeRecord No. 921159431 S.E.2d 2891993-06-11https://www.courtlistener.com/opinion/1364576/buchanan-v-doe/ . . . former Code § 38.1-381, the predecessor of Code § 38.2-2206 (the Virginia UM statute): . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Superior Ins. Co. v. Hunter982671520 S.E.2d 6461999-09-17https://www.courtlistener.com/opinion/1059719/superior-ins-co-v-hunter/ . . . our analysis is directed to Code § 38.2-2206(B). . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Hill v. State Farm Mut. Auto. Ins. Co.Record No. 861001375 S.E.2d 7271989-01-13https://www.courtlistener.com/opinion/1259530/hill-v-state-farm-mut-auto-ins-co/ . . . former Code § 38.1-381(b) and present Code § 38.2-2206. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Allstate Ins. Co. v. EatonRecord No. 931468448 S.E.2d 6521994-09-16https://www.courtlistener.com/opinion/1399518/allstate-ins-co-v-eaton/ . . . ruling was mandated by specific language in Code § 38.2-2206, the uninsured motorist statute, which . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Dairyland Ins. Co. v. SylvaRecord No. 901541409 S.E.2d 1271991-09-20https://www.courtlistener.com/opinion/1409190/dairyland-ins-co-v-sylva/ . . . underinsured motorist carrier is entitled to the Code § 38.2-2206(B) credit for the . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Dale v. City of Newport NewsRecord No. 900749412 S.E.2d 7011992-01-10https://www.courtlistener.com/opinion/1410368/dale-v-city-of-newport-news/ . . . $26,448.46 paid for workers' compensation, Code § 38.2-2206(I), which exceeds the $25,000 . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Nationwide Mutual Insurance v. ScottRecord No. 850389363 S.E.2d 7031988-01-15https://www.courtlistener.com/opinion/1372071/nationwide-mutual-insurance-v-scott/ . . . amount of the tortfeasor's policy. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Trisvan v. Agway Ins. Co.962600492 S.E.2d 6281997-10-31https://www.courtlistener.com/opinion/1059981/trisvan-v-agway-ins-co/ . . . , Justice. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/38.2-2206/38.2-2202(Applicable to new or renewal policies issued before January 1, 2017) Required notice of optional coverage available/38.2-2202/38.2-2202(Applicable to new or renewal policies issued on or after January 1, 2017) Required notice of optional coverage available/38.2-2202/38.2-2204Liability insurance on motor vehicles, aircraft and watercraft; standard provisions; "omnibus clause."/38.2-2204/46.2-368Certificate of self-insurance exempts from chapter/46.2-368/46.2-472Coverage of owner's policy/46.2-472/65.2-309.1Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense of employer/65.2-309.1/8.01-288Process received in time good though neither served nor accepted/8.01-288/8.01-424Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties/8.01-424/8.01-50Action for death by wrongful act; how and when to be brought/8.01-50/8.01-55Compromise of claim for death by wrongful act/8.01-55/8.01-600How money under control of court deposited; record kept; liability of clerk/8.01-600/8.01-66.1:1Subrogation claims by underinsured motorist benefits insurer/8.01-66.1:1//38.2-2206/38.2/22/38.2-220615.2-27042.2-183922.1-19038.2-12438.2-221238.2-300038.2-300146.2-36846.2-37265.2-30765.2-309.18.01-66.1:1Except as provided in subsection J of this section, 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 this Commonwealth to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle principally garaged or used in this Commonwealth unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits not less than the requirements of § 46.2-472. Those limits shall equal but not exceed the limits of the liability insurance provided by the policy, unless any one named insured rejects the additional uninsured motorist insurance coverage by notifying the insurer as provided in subsection B of § 38.2-2202. This rejection of the additional uninsured motorist insurance coverage by any one named insured shall be binding upon all insureds under such policy as defined in subsection B of this section. The endorsement or provisions shall also obligate the insurer to make payment for bodily injury or property damage caused by the operation or use of an underinsured motor vehicle to the extent the vehicle is underinsured, as defined in subsection B of this section. The endorsement or provisions shall also provide for at least $ 20,000 coverage for damage or destruction of the property of the insured in any one accident but may provide an exclusion of the first $ 200 of the loss or damage where the loss or damage is a result of any one accident involving an unidentifiable owner or operator of an uninsured motor vehicle.sectionAA1If an injured person is entitled to underinsured motorist coverage under more than one policy, the following order of priority of policies applies and any amount available for payment shall be credited against such policies in the following order of priority:
sectionBB2 The policy covering a motor vehicle occupied by the injured person at the time of the accident;sectionB1B13 The policy covering a motor vehicle not involved in the accident under which the injured person is a named insured;sectionB2B23 The policy covering a motor vehicle not involved in the accident under which the injured person is an insured other than a named insured.sectionB3B33Where there is more than one insurer providing coverage under one of the payment priorities set forth, their liability shall be proportioned as to their respective underinsured motorist coverages.Recovery under the endorsement or provisions shall be subject to the conditions set forth in this section.sectionBB2There shall be a rebuttable presumption that a motor vehicle is uninsured if the Commissioner of the Department of Motor Vehicles certifies that, from the records of the Department of Motor Vehicles, it appears that: (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by § 46.2-472 covering the owner or operator of the motor vehicle; or (ii) no bond has been given or cash or securities delivered in lieu of the insurance; or (iii) the owner or operator of the motor vehicle has not qualified as a self-insurer in accordance with the provisions of § 46.2-368.sectionCC1If the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, and if the damage or injury results from an accident where there has been no contact between that motor vehicle and the motor vehicle occupied by the insured, or where there has been no contact with the person of the insured if the insured was not occupying a motor vehicle, then for the insured to recover under the endorsement required by subsection A of this section, the accident shall be reported promptly to either (i) the insurer or (ii) a law-enforcement officer having jurisdiction in the county or city in which the accident occurred. If it is not reasonably practicable to make the report promptly, the report shall be made as soon as reasonably practicable under the circumstances.sectionDD1No endorsement or provisions providing the coverage required by subsection A of this section shall require arbitration of any claim arising under the endorsement or provisions, nor may anything be required of the insured except the establishment of legal liability, nor shall the insured be restricted or prevented in any manner from employing legal counsel or instituting legal proceedings.sectionHH1Policies of insurance whose primary purpose is to provide coverage in excess of other valid and collectible insurance or qualified self-insurance may include uninsured motorist coverage as provided in subsection A of this section. Insurers issuing or providing liability policies that are of an excess or umbrella type or which provide liability coverage incidental to a policy and not related to a specifically insured motor vehicle, shall not be required to offer, provide or make available to those policies uninsured or underinsured motor vehicle coverage as defined in subsection A of this section.sectionJJ1