CHAPTER 64
An Act to amend and reenact §§ 8.01-66.1:1 and 38.2-2206 of the Code of Virginia, relating to underinsured motorist benefits; actions against released defendant.
[H 107]
Approved April 6, 2026
Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-66.1:1 and 38.2-2206 of the Code of Virginia are amended and reenacted as follows:
§ 8.01-66.1:1 . Subrogation claims by underinsured motorist benefits insurer.
A. Any underinsured motorist benefits insurer paying such benefits to an insured, by way of settlement or payment pursuant to a judgment, shall have no right of subrogation against any individual or entity who settled with the underinsured motorist benefits insurer's insured pursuant to subsection K of § 38.2-2206 unless the underinsured motorist failed to reasonably cooperate in the defense of any lawsuit brought against him. An underinsured motorist shall be presumed to have failed to reasonably cooperate if he fails or refuses:
1. To attend his deposition or trial if subpoenaed to appear at least 21 days in advance of either event;
2. To assist in responding to written discovery;
3. To meet with defense counsel for a reasonable period of time after reasonable notice, by phone or in person, within 21 days of being after the underinsured motorist benefits insurer is served with any lawsuit and again prior to his deposition and trial; or