Bill
Bill > HB107
summary
Introduced
01/02/2026
01/02/2026
In Committee
02/23/2026
02/23/2026
Crossed Over
01/27/2026
01/27/2026
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Underinsured motorist benefits; actions against released defendant. Provides that any action brought by an injured person to recover underinsured motorist benefits after payment of the liability insurer's available limits is required to be brought against the released defendant by name and that the complaint is required to be served on any insurer providing underinsured motorist benefits but is not required to be served on the released defendant. Additionally, the bill provides that an underinsured motorist is presumed to have failed to reasonably cooperate in the defense of any lawsuit brought against him if he fails or refuses to meet with defense counsel for a reasonable period of time after reasonable notice after the underinsured motorist benefits insurer is served with any lawsuit and again prior to his deposition and trial. Under current law, such presumption is based on such underinsured motorist's failure or refusal to meet with defense counsel for a reasonable period of time after reasonable notice within 21 days of being served with any lawsuit and again prior to deposition or trial.
AI Summary
This bill modifies procedures for underinsured motorist (UIM) benefits claims, specifically concerning actions against a released defendant and the cooperation of the underinsured motorist. It clarifies that any lawsuit to recover UIM benefits after the at-fault party's liability insurer has paid its policy limits must name the released defendant, but the complaint only needs to be served on the UIM insurer, not the released defendant. The bill also adjusts the presumption of an underinsured motorist's failure to cooperate with their UIM insurer in defending a lawsuit; instead of needing to meet with defense counsel within 21 days of being served, the requirement is now for the UIM insurer to be served with the lawsuit, and cooperation is required before deposition and trial. This change aims to streamline the process for injured parties seeking UIM benefits while ensuring the UIM insurer has a reasonable opportunity to defend itself.
Committee Categories
Business and Industry
Sponsors (2)
Last Action
Reported from Commerce and Labor (14-Y 1-N) (on 02/23/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/HB107 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB107) | https://lis.blob.core.windows.net/files/1090428.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/HB107/text/HB107 |
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