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1999 SESSION
990211492Be it enacted by the General Assembly of Virginia:
1. That § 38.2-2231 of the Code of Virginia is amended and reenacted as follows:
§ 38.2-2231. Physical damage arbitration between insurers; alternate forums.
Insurers A. Except as otherwise provided hereafter, insurers shall arbitrate
and settle all disputed claims made for automobile physical damage between them in accordance with the terms of the
Nationwide Intercompany Arbitration Agreement as adopted and from time to time
amended by its members, and the rules promulgated pursuant to the Agreement,
unless the parties mutually agree, on a per case basis, to use another
arbitration forum, which forum may include a court of competent
jurisdiction, in which case the claim shall be arbitrated or tried in that
alternate forum. Mandatory arbitration of disputed claims shall be limited solely to the issues
of liability and damages.
B. Every automobile liability or physical damage insurer doing business in the Commonwealth shall be a member of the Nationwide Intercompany Arbitration Agreement sponsored by the Committee on Insurance Arbitration. However, if any such insurer is unable to furnish proof of its membership in such agreement, the insurer shall be subject to suit before a court of competent jurisdiction.