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1996 SESSION

• | print version

HB 817 Motor vehicle insurance; punitive damages, intoxication.

Introduced by: John Watkins | all patrons    ...    notes | add to my profiles

SUMMARY:

Motor vehicle insurance; punitive damages; intoxication. Obligates defendants against whom punitive damages are awarded pursuant to Va. Code § 8.01-44.5 to be solely and personally liable for such damages--rather than their insurers (except as may be otherwise agreed to between an insurer and an insured) under any policy of motor vehicle insurance. Under current law, § 8.01-44.5 authorizes triers of fact to award punitive damages in personal injury actions when evidence establishes defendant conduct manifesting willful and wanton disregard for the rights of others. Such conduct is deemed to exist whenever (i) the defendant's blood alcohol level is .15 percent or more at the time of the incident causing injury or death (ii) the defendant knew at the time of his alcohol consumption that he would operate a vehicle, and (iii) the defendant's intoxication was the proximate cause of the plaintiff's death or injury.

FULL TEXT

• 01/22/96  House: Presented & ordered printed 963364484  pdf

HISTORY

• 01/22/96  House: Presented & ordered printed 963364484
• 01/22/96  House: Referred to Committee for Courts of Justice
• 01/25/96  House: Assigned to C. J. sub-committee: 2
• 02/09/96  House: Continued to 1997 in Courts of Justice (21-Y 1-N)