38.2-2128 - Certain exclusions permitted.
§ 38.2-2128. Certain exclusions permitted.
Notwithstanding the provisions of § 38.2-2108, any insurer that issues ordelivers in the Commonwealth a new or renewal policy written to insure anowner-occupied dwelling may, with the named insured's written consent,exclude from coverage any liability resulting from an injury caused by adangerous or vicious animal owned by or in the care, custody, or control ofthe insured if such animal has bitten, attacked, or inflicted injury on aperson or a companion animal. Such risk shall be specifically identified inthe exclusion. Uniform policy forms or endorsements that will be used by theinsurer for such exclusions shall be filed with the Commission pursuant to §38.2-317 and shall contain a disclosure stating that the named insured hasagreed to the specified risk being excluded under the policy. The insured'sexecution of the document evidencing his consent thereto shall beacknowledged before a notary public or witnessed by a disinterested person.Such signed exclusions, evidence of the insured's consent, and the insurer'sdocumentation substantiating the reason for the exclusion shall be madeavailable to the Commission upon request. Upon completion of the notarized orwitnessed signed exclusion, the insurer shall not be required to obtain theinsured's written consent for any subsequent policy renewals.
(2004, c. 751.)