A. This chapter, except §§ 46.2-371 through 46.2-373, shall not apply to any person who has registered in his name in the Commonwealth more than twenty motor vehicles, nor to any person operating more than twenty vehicles whether as owner or as lessee, if the person seeking exemption under this section obtains from the Commissioner a certificate of self-insurance as provided in subsection B of this section.
B. The Commissioner may, in his discretion and on the application of such a person, issue a certificate of self-insurance when he is reasonably satisfied (i) that the person has and will continue to have financial ability to respond to a judgment as provided in this chapter, obtained against the person, arising out of the ownership, maintenance, use, or operation of his motor vehicles and (ii) that the certificate provides for protection against the uninsured or underinsured motorist to the extent required by § 38.2-2206. However, protection against the uninsured or underinsured motorist required under this section shall not exceed the financial requirements of § 46.2-472 and shall be secondary coverage to any other valid and collectible insurance providing the same protection which is available to any person otherwise entitled to assert a claim to such protection by virtue of this section.
C. No holder of a certificate of self-insurance shall be liable to pay any judgment arising out of the use or operation of any motor vehicle covered by such certificate by a person who used or operated the vehicle without the permission of the owner of such vehicle; nor shall any holder of a certificate of self-insurance be liable to pay any judgment arising out of the use or operation of any motor vehicle covered by such certificate by a permissive user of such vehicle, where the permissive user has prejudicially failed to cooperate in the defense of the claim which resulted in the judgment. This subsection shall only apply to a holder of a certificate of self-insurance who has provided notice of its intention to rely on the provisions of this subsection as set forth in § 38.2-2226.
D. On due notice and hearing, the Commissioner may, in his discretion and on reasonable grounds, cancel a certificate of self-insurance.
Code 1950, § 46-393; 1958, c. 541, § 46.1-395; 1972, c. 463; 1989, c. 727; 1991, c. 374; 1995, c. 85; 1997, c. 553.
Notes of Decisions
William v. City of Newport News, 397 S.E.2d 813 (Va. 1990).
· cites it 32× “2-368, to require self-insureds to provide uninsured motorist protection in the same manner required of commercial insurers, the legislature clearly provided that availability of uninsured motorist protection was no longer dependent on the business decision of the motor vehicle…”
USAA Cas. Ins. v. Hertz Corp., 578 S.E.2d 775 (Va. 2003).
· cites it 22× “In this appeal, we consider whether a rental car company that maintains liability insurance coverage on its rental fleet by self-insuring under the provisions of Code § 46.2-368 is required to provide primary liability coverage to its customer on a motor vehicle rented in…”
Frederick Cnty. Sch. Bd. v. Hannah, 590 S.E.2d 567 (Va. 2004).
· cites it 16× “1-190 sets forth insurance requirements, specific only to school boards, that must be met with respect to vehicles used in the transportation of students.”
Hackett v. Arlington Cnty., 439 S.E.2d 348 (Va. 1994).
· cites it 34× “The trial court refused to impose liability upon the County for the deficiency, holding that the County was not required to provide underinsurance protection under Code §§ 46.2-368 and 38.2-2206. Hackett appeals from the judgment entered in favor of the County.”
Dale v. City of Newport News, 412 S.E.2d 701 (Va. 1992).
· cites it 12× “1-395(b) (now Code § 46.2-368(B)). Dale asserts a claim against the City for the amount that he was underinsured, after allowing the City a credit of $76,448.”
Catron v. State Farm Mut. Auto. Ins., 496 S.E.2d 436 (Va. 1998).
· cites it 20× “” The appeal also focuses on Code § 46.2-368 (formerly § 46.1-395), codified among the motor vehicle laws.”
McSorley v. Hertz Corp., 885 P.2d 1343 (Okla. 1994).
· cites it 2× “); Va. Code § 46.2-368(B)(ii) (Certificate may be issued when it provides for the protection of uninsured motorist coverage.”
Farmers Ins. Exch. v. Enter. LEASING, 708 S.E.2d 852 (Va. 2011).
· cites it 2× “Additionally, Enterprise does not maintain reserves and pay insurance premium taxes, as insurers are required to do.”
Chapman v. Clarendon Nat'l Ins., 299 F. Supp. 2d 559 (E.D. Va. 2004).
· cites it 2× “If it later comes to light that a different company’s policy provided under-insured motorist coverage on the rental car, plaintiff will almost certainly seek payment from whatever insurance company issued that policy.”
Martin v. Nat'l Car Rental Sys., Inc., 42 Va. Cir. 179 (Richmond County Cir. Ct. 1997).
· cites it 3× “In this regard, Va. Code § 46.2-368(B) requires businesses such as National who are self-insured to provide uninsured and underinsured coverage as required by § 38.”
Dale v. City of Newport News Pub. Utils., 447 S.E.2d 878 (Va. Ct. App. 1994).
· cites it 2× “See Code § 46.2-368(B). Here, both parties have argued that this case is to be decided by applying the current language of Code § 38.”
Virginia Mun. Liab. Pool v. Kennon, 441 S.E.2d 8 (Va. 1994).
· cites it 2× “4:9, but “deemed” the pools to be self-insurers for motor vehicle security under § 46.2-368 (formerly Code § 46.1-395). Code §§ 15.”
— Va. Code Ann. § 46.2-368(6) — 1 case
— Va. Code Ann. § 46.2-368(B) — 16 cases
William v. City of Newport News, 397 S.E.2d 813 (Va. 1990).
“2-368, to require self-insureds to provide uninsured motorist protection in the same manner required of commercial insurers, the legislature clearly provided that availability of uninsured motorist protection was no longer dependent on the business decision of the motor vehicle…”
Dale v. City of Newport News, 412 S.E.2d 701 (Va. 1992).
“1-395(b) (now Code § 46.2-368(B)). Dale asserts a claim against the City for the amount that he was underinsured, after allowing the City a credit of $76,448.”
Hackett v. Arlington Cnty., 439 S.E.2d 348 (Va. 1994).
“The trial court refused to impose liability upon the County for the deficiency, holding that the County was not required to provide underinsurance protection under Code §§ 46.2-368 and 38.2-2206. Hackett appeals from the judgment entered in favor of the County.”
USAA Cas. Ins. v. Hertz Corp., 578 S.E.2d 775 (Va. 2003).
“In this appeal, we consider whether a rental car company that maintains liability insurance coverage on its rental fleet by self-insuring under the provisions of Code § 46.2-368 is required to provide primary liability coverage to its customer on a motor vehicle rented in…”
— Va. Code Ann. § 46.2-368(B)(ii) — 3 cases
Hackett v. Arlington Cnty., 439 S.E.2d 348 (Va. 1994).
“The trial court refused to impose liability upon the County for the deficiency, holding that the County was not required to provide underinsurance protection under Code §§ 46.2-368 and 38.2-2206. Hackett appeals from the judgment entered in favor of the County.”
McSorley v. Hertz Corp., 885 P.2d 1343 (Okla. 1994).
“); Va. Code § 46.2-368(B)(ii) (Certificate may be issued when it provides for the protection of uninsured motorist coverage.”
— Va. Code Ann. § 46.2-368(C) — 4 cases
USAA Cas. Ins. v. Hertz Corp., 578 S.E.2d 775 (Va. 2003).
“In this appeal, we consider whether a rental car company that maintains liability insurance coverage on its rental fleet by self-insuring under the provisions of Code § 46.2-368 is required to provide primary liability coverage to its customer on a motor vehicle rented in…”
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