VirginiaHB1072026 Regular SessionHouseWALLET

Underinsured motorist benefits; actions against released defendant.

Sponsored By: Jason S. Ballard (Republican)

Became Law

Summary

Underinsured motorist benefits; actions against released defendant. Provides that any action brought by an injured person to recover underinsured motorist benefits after payment of the liability insurer's available limits is required to be brought against the released defendant by name and that the complaint is required to be served on any insurer providing underinsured motorist benefits but is not required to be served on the released defendant. Additionally, the bill provides that an underinsured motorist is presumed to have failed to reasonably cooperate in the defense of any lawsuit brought against him if he fails or refuses to meet with defense counsel for a reasonable period of time after reasonable notice after the underinsured motorist benefits insurer is served with any lawsuit and again prior to his deposition and trial. Under current law, such presumption is based on such underinsured motorist's failure or refusal to meet with defense counsel for a reasonable period of time after reasonable notice within 21 days of being served with any lawsuit and again prior to deposition or trial.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Underinsured claims: payback limits and duties

The law limits insurer payback after a settlement in an underinsured motorist claim. An insurer that pays underinsured benefits cannot seek repayment from someone who settled under the law’s process unless you failed to reasonably cooperate. You are presumed not to cooperate if you skip a subpoenaed deposition or trial after at least 21 days’ notice, do not help with written discovery, refuse to meet with defense counsel within 21 days after the suit is served and again before your deposition or trial, or fail to report an address change. You can rebut this by showing your conduct was reasonable or in good faith; a court decides. If the insurer asks for your help, it must pay reasonable costs to get it, including travel if you live more than 100 miles from the deposition or trial, and a court may award you defense costs and reasonable attorney fees if you met your duty or any failure was not unreasonable.

Sponsors & Cosponsors

Sponsor

  • Jason S. Ballard

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 221 • No: 2

Senate vote 2/26/2026

Passed Senate

Yes: 39 • No: 1

Senate vote 2/25/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/25/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/23/2026

Reported from Commerce and Labor

Yes: 14 • No: 1

House vote 1/28/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote 1/22/2026

Reported from Labor and Commerce

Yes: 22 • No: 0

House vote 1/20/2026

Subcommittee recommends reporting

Yes: 9 • No: 0 • Other: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0064)

    4/6/2026Governor
  2. Approved by Governor-Chapter 64 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB107)

    3/3/2026House
  6. Bill text as passed House and Senate (HB107ER)

    3/3/2026House
  7. Enrolled

    3/3/2026House
  8. Signed by President

    3/3/2026Senate
  9. Signed by Speaker

    3/3/2026House
  10. Passed Senate (39-Y 1-N 0-A)

    2/26/2026Senate
  11. Read third time

    2/26/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/25/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/25/2026Senate
  14. Rules suspended

    2/25/2026Senate
  15. Reported from Commerce and Labor (14-Y 1-N)

    2/23/2026Senate
  16. Referred to Committee on Commerce and Labor

    1/29/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    1/29/2026Senate
  18. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    1/28/2026House
  19. Read second time and engrossed

    1/27/2026House
  20. Read first time

    1/26/2026House
  21. Reported from Labor and Commerce (22-Y 0-N)

    1/22/2026House
  22. Subcommittee recommends reporting (9-Y 0-N)

    1/20/2026House
  23. Fiscal Impact Statement from Department of Planning and Budget (HB107)

    1/19/2026House
  24. Assigned HCL sub: Subcommittee #1

    1/15/2026House
  25. Referred to Committee on Labor and Commerce

    1/2/2026House

Bill Text

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