A. For all policies effective on or after January 1, 2022, but prior to January 1, 2025, every motor vehicle owner's policy shall:
1. Designate by explicit description or by appropriate reference, all motor vehicles with respect to which coverage is intended to be granted.
2. Insure as insured the person named and any other person using or responsible for the use of the motor vehicle or motor vehicles with the permission of the named insured.
3. Insure the insured or other person against loss from any liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property caused by accident and arising out of the ownership, use, or operation of such motor vehicle or motor vehicles within the Commonwealth, any other state in the United States, or Canada, subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of $30,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $60,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $20,000 because of injury to or destruction of property of others in any one accident.
B. For all policies effective on or after January 1, 2025, every motor vehicle owner's policy shall:
1. Designate, by explicit description or appropriate reference, all motor vehicles with respect to which coverage is intended to be granted.
2. Insure as insured the person named and any other person using or responsible for the use of the motor vehicle or vehicles with the permission of the named insured.
3. Insure the insured or other person against loss from any liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property caused by an accident and arising out of the ownership, use, or operation of such motor vehicle or vehicles within the Commonwealth, any other state in the United States, or Canada, subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of $50,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $100,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $25,000 because of injury to or destruction of property of others in any one accident.
Code 1950, § 46-492; 1954, c. 378; 1958, cc. 501, 541, § 46.1-504; 1968, c. 685; 1972, c. 433; 1975, c. 382; 1978, c. 550; 1989, cc. 621, 727; 2021, Sp. Sess. I, c. 273.
Notes of Decisions
Melton v. Discover Prop. & Cas. Ins., 760 F. Supp. 2d 633 (W.D. Va. 2011).
· cites it 17× “…1 accident, and to a limit of $10,000 because of injury to or destruction of property of others in any 1 accident. Va.Code § 46.2-472 (emphasis added).”
USAA Cas. Ins. v. Alexander, 445 S.E.2d 145 (Va. 1994).
· cites it 6× “" Code § 46.2-472 requires every motor vehicle owner's policy to provide liability insurance "subject to a limit .”
Seals v. Erie Ins. Exch., 674 S.E.2d 860 (Va. 2009).
· cites it 3× “Seals had other insurance which met the requirements of Code § 46.2-472. Thus, Seals was not entitled to liability coverage under the Erie policy according to the language in its "Liability Protection" section, which is permissible under Code § 38.”
Dale v. City of Newport News, 412 S.E.2d 701 (Va. 1992).
· cites it 6× “However, protection against the uninsured motorist required under this section shall not exceed the financial requirements of § 46.2-472. (1991 amendment in italics). Code § 46.”
USAA Cas. Ins. v. Hertz Corp., 578 S.E.2d 775 (Va. 2003).
· cites it 5× “” However, the subsection limits that protection to the financial requirements of Code § 46.2-472 (single accident limits of $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more persons, and $20,000 for property damage) and…”
Field v. Transcontinental Ins., 219 B.R. 115 (E.D. Va. 1998).
· cites it 3× “This reference demonstrates that when the General Assembly intended a provision of the Motor Vehicles title to be read into a particular section of the Insurance title, it specifically included a cross-reference to that effect in the Code.”
Trisvan v. Agway Ins., 492 S.E.2d 628 (Va. 1997).
· cites it 4× “Code § 46.2-472(3). Thus, the tortfeasor's vehicle was not an uninsured motor vehicle.”
Stone v. Liberty Mut. Ins., 478 S.E.2d 883 (Va. 1996).
· cites it 2× “e issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle principally garaged or used in this Commonwealth unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages…”
State Farm Fire & Cas. Co. v. Nationwide Mut. Ins., 596 F. Supp. 2d 940 (E.D. Va. 2009).
· cites it 2× “The determination of this case, then, turns upon the question of whether this provision, which requires the insured to perform the affirmative act of maintaining insurance at policy limits greater than the amount required by law (see Va.Code Ann. § 46.2-472), is enforceable…”
Santens v. Progressive Gulf Ins., 56 F. Supp. 3d 788 (E.D. Va. 2014).
· cites it 4× “unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits not less than the requirements of § 46.”
— Va. Code Ann. § 46.2-472(3) — 7 cases
Dale v. City of Newport News, 412 S.E.2d 701 (Va. 1992).
“However, protection against the uninsured motorist required under this section shall not exceed the financial requirements of § 46.2-472. (1991 amendment in italics). Code § 46.”
Trisvan v. Agway Ins., 492 S.E.2d 628 (Va. 1997).
“Code § 46.2-472(3). Thus, the tortfeasor's vehicle was not an uninsured motor vehicle.”
Santens v. Progressive Gulf Ins., 56 F. Supp. 3d 788 (E.D. Va. 2014).
“unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits not less than the requirements of § 46.”
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