Virginia Code
Va. Code Ann. § 38.2-313 (2026)
Where certain contracts deemed made
✓ current as of May 2026
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All insurance contracts on or with respect to the ownership, maintenance or use of property in this Commonwealth shall be deemed to have been made in and shall be construed in accordance with the laws of this Commonwealth.
Code 1950, § 38-162; 1952, c. 317, § 38.1-340; 1986, c. 562.
Notes of Decisions
Cited in 14
cases (10 in the last 5 years), 2007–2025 · leading case: Erie Ins. Exch. v. EPC MD 15, LLC, 822 S.E.2d 351 (Va. 2019).
Erie Ins. Exch. v. EPC MD 15, LLC, 822 S.E.2d 351 (Va. 2019). “2-2204, -2205 (using the "ownership, maintenance or use" phrase in the third-party liability insurance context); 1 Rowland H.”
Factory Mut. Ins. Co. v. Liberty Mut. Ins., 518 F. Supp. 2d 803 (W.D. Va. 2007). “, 1989 WL 1102787 (W.D.Va.1989) (applying § 38.”
Lark v. W. Heritage Ins., 64 F. Supp. 3d 802 (W.D. Va. 2014). “1477 (1941) (stating that a federal court sitting in diversity must apply the choice-of-law rules of the state in which that court is located); Va.Code § 38.2-313 (“All insurance contracts on or with respect to the ownership, maintenance, or use of property in this Commonwealth…”
Danville Reg'l Med. Ctr., LLC v. Am. Guarantee & Liab. Ins. Co. (W.D. Va. 2022). “2007) (citing Va. Code Ann. § 38.2-313 )). “In a diversity action, district courts apply federal procedural law and state substantive law.”
John C. Grimberg Co., Inc. v. XL Specialty Ins. Co. (E.D. Va. 2024). “46] ¶ 11. That statute provides that “[a]ll insurance contracts on or with respect to the ownership, maintenance or use of property in this Commonwealth shall be deemed to have been made in and shall be construed in accordance with the laws of this Commonwealth.”
Encompass Indep. Ins. Co. v. Dombrosky, 234 F. Supp. 3d 785 (W.D. Va. 2017). “1477 (1941); Va. Code § 38.2-313 (“All insurance contracts on or with respect to the ownership, maintenance, or use of property in this Commonwealth shall be deemed to have been made in and shall be construed in accordance with the laws of this Commonwealth.”
Sedaghatpour v. Lemonade Ins. Co. (E.D. Va. 2023). “Va. Code § 38.2-313. As the Policy concerns a Virginia property, it follows that interpretation of the Policy is governed by Virginia law.”
Brethren Mut. Ins. Co. v. Jai Dev, Inc (W.D. Va. 2023). “” Va. Code § 38.2-313 (emphasis added). Because both policies at issue in plaintiffs’ motions concern the maintenance or use of property located in Virginia, the court will 9 apply Virginia law in interpreting the terms of both policies.”
Liberty Ins. Corp. v. Wooldridge (W.D. Va. 2023). “1993); Va. Code § 38.2-313. Thus, Virginia law applies here, as the Policy indicates it was delivered to Defendants at a Bedford County, Virginia address, and the Policy provides insurance with respect to the ownership, maintenance, or use of their property in Virginia.”
Dairy Energy, Inc. v. The Hartford Steam Boiler Inspection & Ins. Co. (W.D. Va. 2021). “2007) (quoting Va. Code Ann. § 38.2-313 ). The Policy at issue in this case covers equipment that is located in Virginia, so the court will apply Virginia law.”
MMG Ins. Co. v. Progressive N. Ins. Co. (W.D. Va. 2022). “2007) (cleaned up) (quoting Va. Code Ann. § 38.2-313 ). The two insurance policies in this case were executed in Virginia and provide coverage for a business, vehicles, and people that are in Virginia, so Virginia law applies.”
Danville Reg'l Med. Ctr., LLC v. Am. Guarantee & Liab. Ins. Co. (W.D. Va. 2022). “25, 1989) (citing Va. Code Ann. § 38.2-313 for the proposition that “insurance contracts ‘on or with respect to the ownership, maintenance or use of property in this Commonwealth’ shall be interpreted according to Virginia law.”
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