2017 Code of Virginia
Title 46.2 - Motor Vehicles
Chapter 21 - Regulation of Property Carriers
§ 46.2-2143.2. (Effective January 1, 2018) Special insurance provisions for certain carriers

A. The provisions of this section shall apply only to motor carriers exempt under subdivision 6 of § 46.2-2101 and insurance policies maintained by such carriers pursuant to this article.

B. Insurance coverage for motor carriers shall be primary, and the requirements of § 46.2-2143.1 may be satisfied by any of the following:

1. Insurance maintained by the motor carrier;

2. Insurance maintained by another person on behalf of the motor carrier; or

3. Any combination of subdivisions 1 and 2.

C. A motor carrier may meet its obligation under subsection B of § 46.2-2143.1 through a policy obtained by a person other than the carrier under subdivision B 2 or 3 only if the motor carrier verifies that the policy is maintained by such other person.

D. Insurers providing coverage under subsection B of § 46.2-2143.1 shall have the exclusive duty to defend any liability claim, including any claim against a motor carrier or person acting for or on behalf of the motor carrier, arising from an accident occurring within the time period specified in subsection A of § 46.2-2143.1. Insurers of the personal automobile insurance policy of neither a person acting for or on behalf of the motor carrier nor the vehicle's owner shall have the duty to defend or indemnify the activities of a person acting for or on behalf of a motor carrier in connection with the motor carrier unless such policy expressly provides otherwise for the period of time to which subsection A of § 46.2-2143.1 is applicable or the policy contains an amendment or endorsement to provide that coverage.

E. Coverage under a motor carrier's insurance policy shall not be dependent on a personal automobile policy's first denying a claim, nor shall a personal automobile insurance policy be required to first deny a claim.

F. Nothing in this section shall be construed to require a personal automobile insurance policy to provide primary or excess coverage. The personal automobile insurance policy of neither a person acting for or on behalf of the motor carrier nor the vehicle's owner shall provide coverage for activities in connection with the motor carrier to such person acting for or on behalf of the motor carrier, the vehicle owner, or any third party unless such policy expressly provides otherwise for the period of time to which subsection A of § 46.2-2143.1 is applicable or the policy contains an amendment or endorsement to provide that coverage.

G. In every instance where motor carrier insurance maintained by a person other than the motor carrier to fulfill the insurance obligations of subsection B of § 46.2-2143.1 has lapsed or ceased to exist, the motor carrier shall provide the coverage required by that subsection beginning with the first dollar of a claim.

H. This section shall not limit the liability of a motor carrier arising out of an accident involving a person acting for or on behalf of the carrier in any action for damages against a motor carrier for an amount above the required insurance coverage.

I. Any person, or an attorney acting on his behalf, who suffers a loss in an automobile accident with a reasonable belief that the accident involves a vehicle operated by a person acting for or on behalf of a motor carrier and who provides the motor carrier with the date, approximate time, and location of the accident, the name of the vehicle operator, if available, and the accident report, if available, may request in writing from the motor carrier information relating to the insurance coverage and the company providing the coverage. The motor carrier shall respond electronically or in writing within 30 days. The motor carrier's response shall contain the following information: (i) whether, at the approximate time of the accident, the vehicle was being operated for or on behalf of the motor carrier; (ii) the name of the insurance carrier providing primary coverage; and (iii) the identity and last known address of the vehicle operator.

J. Any insurance required by subsection B of § 46.2-2143.1 may be placed with an insurer that has been admitted in Virginia or with an insurer providing surplus lines insurance as defined in § 38.2-4805.2.

K. Any insurance policy required by subsection B of § 46.2-2143.1 shall satisfy the financial responsibility requirement for a motor vehicle under § 46.2-706 during the period such vehicle is being operated for or on behalf of a motor carrier.

L. If a vehicle operated by a person acting for or on behalf of a motor carrier is insured under a personal automobile insurance policy that does not exclude coverage, then such policy shall provide primary coverage and an insurance policy maintained by the motor carrier under § 46.2-2143.1 shall provide excess coverage up to at least the limits required by § 46.2-2143.1.

M. In a claims coverage investigation, a motor carrier and its insurer shall cooperate with insurers involved in the claims coverage investigation to facilitate the exchange of information, including the date and time of any accident involving a vehicle operated for or on behalf of the motor carrier and the precise times that the vehicle was being operated for or on behalf of the motor carrier.

2017, cc. 790, 815.