A. 1. No new policy for insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be issued or delivered in the Commonwealth unless there is enclosed with the policy, in boldface type, the following statement:
"IMPORTANT NOTICE:
IN ADDITION TO THE MINIMUM INSURANCE REQUIRED BY LAW, YOU MAY PURCHASE ADDITIONAL INSURANCE COVERAGE FOR THE NAMED INSURED AND FOR HIS RELATIVES WHO ARE MEMBERS OF HIS HOUSEHOLD WHILE IN OR UPON, ENTERING OR ALIGHTING FROM A MOTOR VEHICLE, OR THROUGH BEING STRUCK BY A MOTOR VEHICLE WHILE NOT OCCUPYING A MOTOR VEHICLE, AND FOR OCCUPANTS OF THE INSURED MOTOR VEHICLE. THE FOLLOWING HEALTH CARE AND DISABILITY BENEFITS ARE AVAILABLE FOR EACH ACCIDENT:
(a) PAYMENT OF UP TO $2,000 PER PERSON FOR ALL REASONABLE AND NECESSARY EXPENSES FOR MEDICAL, CHIROPRACTIC, HOSPITAL, DENTAL, SURGICAL, PROSTHETIC AND REHABILITATION SERVICES, SERVICES PROVIDED BY AN EMERGENCY MEDICAL SERVICES VEHICLE AS DEFINED IN § 32.1-111.1 OF THE CODE OF VIRGINIA , AND FUNERAL EXPENSES RESULTING FROM THE ACCIDENT AND INCURRED WITHIN THREE YEARS AFTER THE DATE OF THE ACCIDENT. HOWEVER, IF YOU DO NOT PURCHASE THE $2,000 LIMIT OF COVERAGE, YOU AND THE COMPANY MAY AGREE TO ANY OTHER LIMIT; AND;
(b) AN AMOUNT EQUAL TO THE LOSS OF INCOME UP TO $100 PER WEEK IF THE INJURED PERSON IS ENGAGED IN AN OCCUPATION FOR WHICH HE RECEIVES COMPENSATION, FROM THE FIRST WORKDAY LOST AS A RESULT OF THE ACCIDENT UP TO THE DATE THE PERSON IS ABLE TO RETURN TO HIS USUAL OCCUPATION. SUCH PAYMENTS ARE LIMITED TO A PERIOD EXTENDING ONE YEAR FROM THE DATE OF THE ACCIDENT.
IF YOU DESIRE TO PURCHASE EITHER OR BOTH OF THESE COVERAGES AT AN ADDITIONAL PREMIUM, YOU MAY DO SO BY CONTACTING THE AGENT OR COMPANY THAT ISSUED YOUR POLICY."
2. The insurer issuing the policy shall inform the insured by any reasonable means of communication of the approximate premium for the additional coverage.
B. No new policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be issued or delivered in the Commonwealth unless the following statement, printed in boldface type, is enclosed with the policy:
"IMPORTANT NOTICE:
YOU ARE ENTITLED TO PURCHASE UNINSURED/UNDERINSURED COVERAGE LIMITS EQUAL TO THE LIABILITY LIMITS ON YOUR MOTOR VEHICLE POLICY. HOWEVER, ANY ONE NAMED INSURED HAS THE RIGHT TO REDUCE THE LIMITS OF THE UNINSURED/UNDERINSURED MOTORIST COVERAGE TO LESS THAN THE LIABILITY LIMITS ON THE POLICY BUT NO LOWER THAN THE FINANCIAL RESPONSIBILITY LIMITS REQUIRED BY § 46.2-472 OF THE CODE OF VIRGINIA. THE INSURER MAY REQUIRE THAT A REQUEST TO REDUCE COVERAGE BE IN WRITING. ONCE ANY ONE NAMED INSURED REDUCES THE POLICY LIMITS FOR UNINSURED/UNDERINSURED MOTORIST COVERAGE BELOW THE POLICY'S LIABILITY LIMITS, THAT ELECTION IS BINDING ON ALL INSUREDS ON THE POLICY. LATER, IF YOU DESIRE TO INCREASE YOUR LIMITS, YOU MUST MAKE A SPECIFIC REQUEST TO YOUR INSURER. YOU MAY WANT TO PUT THIS REQUEST IN WRITING.
BEFORE REDUCING THE LIMITS OF THE UNINSURED/UNDERINSURED MOTORIST COVERAGE, YOU SHOULD CAREFULLY CONSIDER THAT THIS COVERAGE PROVIDES IMPORTANT PROTECTION IN THE EVENT YOU ARE INJURED OR YOUR MOTOR VEHICLE IS DAMAGED DUE TO THE ACTIONS OF AN UNINSURED/UNDERINSURED MOTORIST."
C. No policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be issued, delivered, or renewed after July 1, 2025, in the Commonwealth unless the following statement, printed in boldface type, is enclosed with the policy:
"IMPORTANT NOTICE:
YOUR INSURANCE IS REQUIRED TO PROVIDE UNDERINSURED MOTORIST COVERAGE THAT PAYS ANY DAMAGES DUE TO AN INSURED IN ADDITION TO ANY BODILY INJURY OR PROPERTY DAMAGE LIABILITY THAT IS APPLICABLE TO THE INSURED'S DAMAGES. YOU MAY CHOOSE TO CHANGE THE WAY YOUR UNDERINSURED MOTORIST COVERAGE IS CALCULATED. DEPENDING ON THE CHANGE, YOU MAY REDUCE THE AMOUNT OF COVERAGE YOU HAVE AND YOUR PREMIUM MAY CHANGE. CONTACT YOUR AGENT OR INSURER FOR ADDITIONAL INFORMATION.
ANY REQUEST TO CHANGE HOW YOUR UNDERINSURED MOTORIST COVERAGE IS CALCULATED MUST BE IN WRITING. ONCE ANY NAMED INSURED CHOOSES TO MAKE SUCH A CHANGE IN THE UNDERINSURED MOTORIST COVERAGE, THAT CHANGE IS BINDING ON ALL INSUREDS ON THE POLICY. ANY LATER CHANGES YOU MAY WISH TO MAKE TO HOW YOUR UNDERINSURED MOTORIST COVERAGE IS CALCULATED MUST ALSO BE IN WRITING.
BEFORE CHANGING HOW YOUR UNDERINSURED MOTORIST COVERAGE IS CALCULATED, YOU SHOULD CAREFULLY CONSIDER THAT THIS COVERAGE PROVIDES IMPORTANT PROTECTION IN THE EVENT YOU ARE INJURED OR YOUR MOTOR VEHICLE IS DAMAGED DUE TO THE ACTIONS OF AN UNDERINSURED MOTORIST."
1974, c. 607, § 38.1-380.2; 1977, c. 112; 1981, c. 245; 1982, cc. 450, 642; 1986, c. 562; 1987, c. 429; 1989, c. 243; 1992, c. 230; 2001, c. 564; 2015, cc. 502, 503; 2016, c. 558; 2022, c. 308; 2025, c. 331.
Notes of Decisions
USAA Cas. Ins. v. Alexander, 445 S.E.2d 145 (Va. 1994).
· cites it 28× “2-2206(A) requires an issuer of an automobile insurance policy to provide UM coverage in limits equal to the limits of liability insurance provided by the policy, unless the insured rejects that level of coverage and chooses to purchase a lesser amount of UM coverage "by…”
Gov't Employees Ins. v. Hall, 533 S.E.2d 615 (Va. 2000).
· cites it 13× “Palmer’s [uninsured motorist] coverage, despite the fact that she had not properly rejected the [statutorily mandated] amount of coverage, the insurer has no one to blame but itself.”
State Farm Mut. Auto. Ins. v. Weisman, 441 S.E.2d 16 (Va. 1994).
· cites it 8× “In this appeal, we determine whether the trial court erred in ruling that additional uninsured/underinsured motorist insurance coverage had not been properly rejected as required by Code § 38.2-2202 (formerly Code § 38.1-380.”
Canal Ins. v. Lebanon Ins. Agency, Inc., 543 F. Supp. 2d 521 (W.D. Va. 2008).
· cites it 22× “At all times relevant to this case, Virginia law required an automobile liability insurance policy to provide uninsured and underinsured (collectively “UM”) coverage in limits equal to the limits of the liability coverage unless the insured had affirmatively rejected that level…”
Atkinson v. Penske Logistics, LLC, 596 S.E.2d 518 (Va. 2004).
· cites it 10× “was not required to receive separate notice from Old Republic of its right to reject higher UMVUIM] limits" under Code §§ 38.2-2202 and -2206. The Defendants assign crosserror to the trial court's "ruling that Atkinson could seek a declaratory judgment on issues not specifically…”
Santens v. Progressive Gulf Ins., 56 F. Supp. 3d 788 (E.D. Va. 2014).
· cites it 8× “The statute unambiguously outlines the mandatory nature of the matching requirement: “Those [UM] 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…”
State Farm Mut. Auto. Ins. v. Seay, 373 S.E.2d 910 (Va. 1988).
· cites it 2× “1983) (now Code § 38.2-2202), styled “Required notice of optional coverage available,” the General Assembly set out how an insured must be made *279 aware of the availability of Coverage P.”
Melton v. Discover Prop. & Cas. Ins., 760 F. Supp. 2d 633 (W.D. Va. 2011).
· cites it 2× “An insured who is informed that his UM/UIM coverage limits will equal his liability limits unless he selects a lesser amount and who does select a lesser amount and so informs his insurer, has sufficiently rejected his liability limits as his UM/UIM coverage limits in accordance…”
Khattab v. Berkley Reg'l Ins. Co. (E.D. Va. 2022).
· cites it 20× “”) Va. Code § 38.2-2202 then sets out the required notice that must be printed in boldface type and enclosed with any new insurance policy notifying the insured of uninsured and underinsured coverage limits and the option to reduce those limits.”
Kramer v. Commonwealth, 556 S.E.2d 761 (Va. 2002).
“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…”
— Va. Code Ann. § 38.2-2202(A) — 1 case
— Va. Code Ann. § 38.2-2202(A)(ii) — 1 case
— Va. Code Ann. § 38.2-2202(B) — 14 cases
USAA Cas. Ins. v. Alexander, 445 S.E.2d 145 (Va. 1994).
“2-2206(A) requires an issuer of an automobile insurance policy to provide UM coverage in limits equal to the limits of liability insurance provided by the policy, unless the insured rejects that level of coverage and chooses to purchase a lesser amount of UM coverage "by…”
Gov't Employees Ins. v. Hall, 533 S.E.2d 615 (Va. 2000).
“Palmer’s [uninsured motorist] coverage, despite the fact that she had not properly rejected the [statutorily mandated] amount of coverage, the insurer has no one to blame but itself.”
Canal Ins. v. Lebanon Ins. Agency, Inc., 543 F. Supp. 2d 521 (W.D. Va. 2008).
“At all times relevant to this case, Virginia law required an automobile liability insurance policy to provide uninsured and underinsured (collectively “UM”) coverage in limits equal to the limits of the liability coverage unless the insured had affirmatively rejected that level…”
State Farm Mut. Auto. Ins. v. Weisman, 441 S.E.2d 16 (Va. 1994).
“In this appeal, we determine whether the trial court erred in ruling that additional uninsured/underinsured motorist insurance coverage had not been properly rejected as required by Code § 38.2-2202 (formerly Code § 38.1-380.”
Atkinson v. Penske Logistics, LLC, 596 S.E.2d 518 (Va. 2004).
“was not required to receive separate notice from Old Republic of its right to reject higher UMVUIM] limits" under Code §§ 38.2-2202 and -2206. The Defendants assign crosserror to the trial court's "ruling that Atkinson could seek a declaratory judgment on issues not specifically…”
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