Va. Code » Title 38.2. Insurance » Chapter 3. Provisions Relating to Insurance Policies and Contracts
Virginia Code

Va. Code Ann. § 38.2-314 (2026)

Limitation of action and proof of loss

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

No provision in any insurance policy shall be valid if it limits the time within which an action may be brought to less than one year after the loss occurs or the cause of action accrues.

If an insurance policy requires a proof of loss, damage or liability to be filed within a specified time, all time consumed in an effort to adjust the claim shall not be considered part of such time.

Code 1950, § 38-9; 1952, c. 317, § 38.1-341; 1986, c. 562.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1992–2021 · leading case: MFS Int'l, Inc. v. Int'l Telcom Ltd., 50 F. Supp. 2d 517 (E.D. Va. 1999).
Sort: Relevance Newest Treatment
MFS Int'l, Inc. v. Int'l Telcom Ltd., 50 F. Supp. 2d 517 (E.D. Va. 1999). · cites it 3× “An example of such a statute is Va.Code § 38.2-314, which states that “[n]o provi *523 sion of any insurance policy shall be valid if it limits the time within which an action may be brought to less than one year after the loss occurs or the cause of action accrues.”
Allstate Prop. & Cas. Ins. Co. v. Ploutis, 776 S.E.2d 793 (Va. 2015). · cites it 4× “Citing Code § 38.2-314, we noted that a contractual limitations period "must not be unreasonably short" and that pursuant to this statute the period of limitations in an insurance contract cannot be less than one year after the loss occurs.”
Massie v. Blue Cross & Blue Shield, 500 S.E.2d 509 (Va. 1998). · cites it 2× “Rather, the Massies contend that they timely filed the present action because they recommenced their suit within six months after entry of the nonsuit order on February 21, 1992.”
Massie v. Blue Cross & Blue Shield of Va, 500 S.E.2d 509 (Va. 1998). · cites it 2× “Rather, the Massies contend that they timely filed the present action because they recommenced their suit within six months after entry of the nonsuit order on February 21, 1992.”
Koonan v. Blue Cross & Blue Shield of Virginia, 802 F. Supp. 1424 (E.D. Va. 1992). · cites it 2× “” Va.Code Ann. § 38.2-314 (Michie 1990) (emphasis added).”
Brentzel v. AIG Prop. Cas. Co. (E.D. Va. 2021). · cites it 42× “As an initial matter, plaintiffs’ position is at odds with the fact that the Virginia General Assembly made a legislative judgment that the appropriate minimum limitations period in an insurance contract is 1 year.”
Kearney v. Robinson Land Trust, 80 Va. Cir. 467 (Charlottesville Cir. Ct. 2010). · cites it 3× “2d 509, 511 (1998) (upholding a lesser limitation period of twelve months, but noting that, for insurance contracts, the period of limitations cannot be less than one year after the loss occurs or the cause of action accrues under Va. Code § 38.2-314). Other states have also…”
Allstate v. Ploutis (Va. 2015). · cites it 2× “2001), the court in that case failed to note, and therefore take into account, the significance of Code § 38.2-314, the statutorily-imposed minimum period of limitations at issue in Massie.”
Graham v. United Servs. Auto. Ass'n, 89 Va. Cir. 94 (Prince William Cir. Ct. 2014). · cites it 2× “Also mandating against the conclusion that other tolling provisions apply is that § 38.2-314 has a tolling provision of its own, of sorts, excluding from time computation the period spent in adjusting for a loss, but that § 38.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.