Virginia Code

Va. Code Ann. § 65.2-811 (2026)

Liability of insurer

✓ current as of May 2026

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No policy of insurance against liability arising under this title shall be issued unless it contains the agreement of the insurer that it will promptly pay the person entitled to the same all benefits conferred by this title and all installments of the compensation that may be awarded or agreed upon and that the obligation shall not be affected by any default of the insured after the injury or by any default in giving notice required by such policy or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation, enforceable in his name.

Code 1950, § 65-107; 1968, c. 660, § 65.1-111; 1991, c. 355.

Notes of Decisions

Cited in 3 cases, 1993–2014 · leading case: Nationwide Mut. Ins. Co. v. The Est. of Phillip Harrison, 765 S.E.2d 154 (Va. Ct. App. 2014).

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Nationwide Mut. Ins. Co. v. The Est. of Phillip Harrison, 765 S.E.2d 154 (Va. Ct. App. 2014). · cites it 7× “Thus, under Va.Code § 65.2-811, the insurer was obligated to pay the claimant benefits owed under the Act, and the commission had jurisdiction to enter an award against the insurer in this case.”

Michigan Mut. Ins. v. Smoot, 183 F. Supp. 2d 806 (E.D. Va. 2001). · cites it 2× “Therefore, for both, “an [insurance carrier] *811 who benefits from an employee’s third-party tort settlement, by recouping or being relieved of paying worker’s compensation benefits, is required by Code § 65.”

Wilkins v. Harford Ins., 31 Va. Cir. 345 (Alexandria Cir. Ct. 1993). “Even if Plaintiff were a third-party beneficiary to the contract of insurance by virtue of § 65.2-811, this would not extend to the contract between the insurer and counsel unless that contract was expressly intended to benefit Plaintiff.”

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