A. "Motor vehicle insurance" means insurance against:
1. Loss of or damage to motor vehicles, including trailers, semitrailers or other attachments designed for use in connection with motor vehicles, resulting from any cause, and against legal liability of the insured for loss or damage to the property of another resulting from the ownership, maintenance or use of motor vehicles and against loss, damage or expense incident to a claim of such liability; or
2. Legal liability of the insured, and liability arising under subsection A of § 38.2-2206 and against loss, damage, or expense incident to a claim of such liability, arising out of the death or injury of any person resulting from the ownership, maintenance or use of motor vehicles. Motor vehicle insurance does not include any class of insurance specified in § 38.2-119.
B. Any policy of "motor vehicle insurance" covering legal liability of the insured under subdivision 2 of subsection A and covering liability arising under subsection A of § 38.2-2206 may include appropriate provisions obligating the insurer to pay to the covered injured person medical expense and loss of income benefits arising out of the death or injury of any person, as set forth in subsection A of § 38.2-2201. Any such policy of motor vehicle insurance may include appropriate provisions obligating the insurer to pay weekly indemnity or other specific benefits to persons who are injured and specific death benefits to dependents, beneficiaries or personal representatives of persons who are killed, if the injury or death is caused by accident and sustained while in or upon, entering or alighting from, or through being struck by a motor vehicle while not occupying a motor vehicle. These provisions shall obligate the insurer to make payment regardless of any legal liability of the insured or any other person.
1952, c. 317, § 38.1-21; 1956, c. 678; 1962, c. 253; 1983, c. 448; 1984, c. 311; 1986, c. 562; 1991, c. 4; 1996, c. 276.
Notes of Decisions
Manu v. GEICO Cas. Co., 798 S.E.2d 598 (Va. 2017).
· cites it 9× “) 5 This provision recognizes as bad faith the "denial, refusal or failure to pay" "a claim" under the provisions of a motor vehicle insurance policy as defined in Code § 38.2-124, which incorporates by reference Code § 38.”
State Farm Mut. Auto. Ins. v. Gandy, 383 S.E.2d 717 (Va. 1989).
· cites it 10× “2-124, as pertinent here, authorizes an insurer to include “appropriate provisions” in a policy of motor vehicle liability insurance for reimbursement of certain medical benefits “if the injury .”
Wells v. Travelers Ins., 26 Va. Cir. 296 (Richmond County Cir. Ct. 1992).
· cites it 27× “In September, 1991, plaintiff was injured when the motorcycle he was operating was involved in a collision with another motor vehicle. At the time of the collision, plaintiff was a named insured under a policy issued by defendant, The Travelers Insurance Company.”
Baker v. State Farm Mut. Auto. Ins., 405 S.E.2d 624 (Va. 1991).
· cites it 9× “2d 717 (1989), an insured contended that a policy exclusion for medical payments arising out of injuries incurred when struck by “equipment designed for use principally off public roads” was invalid because it was not “specifically allowed by Code § 38.2-124,” a statute…”
Nationwide Mut. Ins. v. St. John, 524 S.E.2d 649 (Va. 2000).
· cites it 2× “1(A) provides: Whenever any insurance company licensed in this Commonwealth to write insurance as defined in § 38.2-124 denies, refuses or fails to pay to its insured a claim of $2,500 or less in excess of the deductible, if any, under the provisions of a policy of motor vehicle…”
Cotchan v. State Farm Fire & Cas. Co., 462 S.E.2d 78 (Va. 1995).
· cites it 4× “NOTES [1] Justice Whiting participated in the hearing and decision of this case prior to the effective date of his retirement on August 12, 1995.”
State Farm Mut. Auto. Ins. v. Seay, 373 S.E.2d 910 (Va. 1988).
· cites it 2× “1983) (now Code § 38.2-124), infra, and Coverage P, which it provides “only if and when it becomes obligated to do so by reason of the provisions of [Code § 38.”
Chevalier-Seawell v. Mangum, 90 Va. Cir. 420 (Norfolk Cir. Ct. 2015).
“The statute provides: Whenever a court of proper jurisdiction finds that an insurance company licensed in this Commonwealth to write insurance as defined in § 38.2-124 denies, refuses, or fails to pay *422 to its insured a claim of more than $3,500 in excess of the deductible,…”
Evans v. State Farm Mut. Ins., 33 Va. Cir. 411 (Richmond County Cir. Ct. 1994).
· cites it 2× “2-2201 and pre-1991 amended § 38.2-124] or judicially altering the coverage requirements of § 38.”
Va. Code Ann. § 38.2-124(A)(1): 2 cases
Manu v. GEICO Cas. Co., 798 S.E.2d 598 (Va. 2017).
“) 5 This provision recognizes as bad faith the "denial, refusal or failure to pay" "a claim" under the provisions of a motor vehicle insurance policy as defined in Code § 38.2-124, which incorporates by reference Code § 38.”
Va. Code Ann. § 38.2-124(B): 2 cases
Wells v. Travelers Ins., 26 Va. Cir. 296 (Richmond County Cir. Ct. 1992).
“In September, 1991, plaintiff was injured when the motorcycle he was operating was involved in a collision with another motor vehicle. At the time of the collision, plaintiff was a named insured under a policy issued by defendant, The Travelers Insurance Company.”
Va. Code Ann. § 38.2-124(B)(1): 7 cases
State Farm Mut. Auto. Ins. v. Gandy, 383 S.E.2d 717 (Va. 1989).
“2-124, as pertinent here, authorizes an insurer to include “appropriate provisions” in a policy of motor vehicle liability insurance for reimbursement of certain medical benefits “if the injury .”
Cotchan v. State Farm Fire & Cas. Co., 462 S.E.2d 78 (Va. 1995).
“NOTES [1] Justice Whiting participated in the hearing and decision of this case prior to the effective date of his retirement on August 12, 1995.”
Baker v. State Farm Mut. Auto. Ins., 405 S.E.2d 624 (Va. 1991).
“2d 717 (1989), an insured contended that a policy exclusion for medical payments arising out of injuries incurred when struck by “equipment designed for use principally off public roads” was invalid because it was not “specifically allowed by Code § 38.2-124,” a statute…”
Wells v. Travelers Ins., 26 Va. Cir. 296 (Richmond County Cir. Ct. 1992).
“In September, 1991, plaintiff was injured when the motorcycle he was operating was involved in a collision with another motor vehicle. At the time of the collision, plaintiff was a named insured under a policy issued by defendant, The Travelers Insurance Company.”
Va. Code Ann. § 38.2-124(B)(l): 2 cases
State Farm Mut. Auto. Ins. v. Gandy, 383 S.E.2d 717 (Va. 1989).
“2-124, as pertinent here, authorizes an insurer to include “appropriate provisions” in a policy of motor vehicle liability insurance for reimbursement of certain medical benefits “if the injury .”
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