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2004 SESSION

041334492
HOUSE BILL NO. 1007
Offered January 14, 2004
Prefiled January 14, 2004
A BILL to amend the Code of Virginia by adding in Chapter 21 of Title 38.2 a section numbered 38.2-2127, relating to insurance; exclusions for attractive nuisances and dangerous or vicious animals.
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Patron-- Rust
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 21 of Title 38.2 a section numbered 38.2-2127 as follows:

§ 38.2-2127. Certain exclusions permitted.

A. Notwithstanding the provisions of § 38.2-2108, any insurer that issues or delivers in the Commonwealth a new or renewal policy written to insure an owner-occupied dwelling may, with the named insured's written consent, exclude from coverage (i) any liability resulting from an injury caused by a dangerous or vicious animal owned by or in the care, custody, or control of the insured if such animal has bitten, attacked, or inflicted injury on a person or a companion animal or (ii) any portion of the risk that may reasonably be classified by the insurer as an inherently hazardous object or condition of the property. Such risk shall be specifically identified in the exclusion. Uniform policy forms or endorsements that will be used by the insurer for such exclusions shall be filed with the Commission pursuant to § 38.2-317 and shall contain a disclosure stating that the named insured has agreed to the specified risk being excluded under the policy. Such signed exclusions and the insurer's documentation substantiating the reason for the exclusion shall be made available to the Commission upon request. Upon completion of the signed exclusion, the insurer shall not be required to obtain the insured's written consent for any subsequent policy renewals.

B. No insurer shall refuse to issue or refuse to renew a policy written to insure an owner-occupied dwelling, nor shall an insurer exclude coverage from such policy, solely on the basis that the insured's or prospective insured's dog is one of a particular breed. However, nothing shall prohibit an insurer from refusing to issue or refusing to renew such a policy if the insured's or prospective insured's dog has bitten, attacked, or inflicted injury on a person or a companion animal.