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2000 SESSION

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008972440
SENATE BILL NO. 543 Offered January 24, 2000 A BILL to amend and reenact §§ 38.2-117, 38.2-119, and 38.2-1921 of the Code of Virginia, relating to employer's liability insurance; workers' compensation insurance. ---------- Patron-- Marye ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 38.2-117, 38.2-119, and 38.2-1921 of the Code of Virginia are amended and reenacted as follows:

§ 38.2-117. Personal injury liability.

A. "Personal injury liability insurance" means insurance against legal liability of the insured, and against loss, damage or expense incident to a claim of such liability, arising out of the death or injury of any person, or arising out of injury to the economic interests of any person as the result of negligence in rendering expert, fiduciary or professional service, but not including any class of insurance specified in § 38.2-119.

B. Any policy of personal injury liability insurance may include appropriate provisions obligating the insurer to pay medical, hospital, surgical, and funeral expenses arising out of the death or injury of any person, regardless of any legal liability of the insured.

C. Notwithstanding the provisions of subsection A, any policy of personal injury liability insurance may include employers' liability insurance as defined in subsection B of § 38.2-119.

§ 38.2-119. Workers' compensation and employers' liability.

A. "Workers' compensation and employers' liability insurance" means insurance against the legal liability of any employer for the death or disablement of, or injury to, his or its employee whether imposed by common law or by statute, or assumed by contract providing benefits pursuant to the Virginia Workers' Compensation Act (§ 65.2-100 et seq.).

Employers' liability insurance may include appropriate provisions obligating the insurer to pay medical, chiropractic, hospital, surgical, and funeral expenses arising out of the death or injury of an employee, regardless of any legal liability of the insured.

B. "Employers' liability insurance" means insurance against the legal liability of any employer for the death or disablement of, or injury to, his or its employee, but does not include benefits payable under the Virginia Workers' Compensation Act (§ 65.2-100 et seq.).

§ 38.2-1921. Combination policies.

The Commission may approve for use in this Commonwealth policies or forms for writing at divisible or indivisible rates and premiums any combination of the classes of insurance set forth in subsection A of § 38.2-1902, except (i) insurance on or with respect to operating properties of railroads and (ii) workers' compensation insurance and employers' liability insurance as defined in § 38.2-119. The rates and premiums for combination policies, whether divisible or indivisible, shall be subject to this chapter.