2006 Code of Virginia § 2.2-1838 - Insurance of state motor vehicles

2.2-1838. Insurance of state motor vehicles.

A. Subject to the approval of the Governor, the Division shall establish arisk management plan, which may be purchased insurance, self-insurance or acombination of self-insurance and purchased insurance to provide (i)protection for the Commonwealth, its officers and employees and otherauthorized persons against tort liability and incidental medical paymentsarising out of the ownership, maintenance or use of motor vehicles owned orleased by the Commonwealth or used by state employees or other authorizedpersons in the course of their employment; and (ii) for payment of attorneys'fees and expenses incurred in defending such persons and entities concerningany claim that arises from their governmental employment or authorizationwhere the Division is informed by the Attorney General's office that it willnot provide a defense due to a conflict or other appropriate reason.

B. The risk management plan shall provide for the establishment of a trustfund or a contribution to the State Insurance Reserve Trust Fund for thepayment of claims covered under the plan arising out of the ownership,maintenance or use of motor vehicles owned or leased by the Commonwealth orused by state employees or other authorized persons in the course of theiremployment. The funds shall be invested as provided in 2.2-1806 andinterest shall be added to the fund as earned. The plan shall also providefor payment of the expenses related to the administration of a motor vehicleinsurance program for the Commonwealth. The risk management plan shall besubmitted to the Governor for approval prior to implementation.

C. Any risk management plan for state motor vehicles established pursuant tothis section shall provide (i) protection against the uninsured motorist atlimits not less than those provided in 46.2-100, (ii) incidental medicalpayments of not less than $5,000 per person to state employees and otherauthorized persons, and (iii) recovery of damages for loss of use of a motorvehicle, as provided in 8.01-66.

(1980, c. 488, 2.1-526.6; 1982, c. 318; 1988, c. 848; 2000, cc. 618, 632, 2.1-191.9; 2001, c. 844.)