Key Takeaways
- Virginia follows a pure contributory negligence system where any plaintiff fault bars recovery
- Commercial general liability policies in Virginia must comply with filed rates
- Virginia has specific requirements for pollution liability disclosure and coverage
- Professional liability insurance has specific requirements for certain professions
- Joint and several liability applies to economic damages in Virginia
Last updated: January 2026
Virginia General Liability Insurance
Virginia has specific requirements for general liability insurance that agents must understand.
Contributory Negligence
Virginia uses a pure contributory negligence system:
How It Works
- Plaintiff's fault completely bars recovery
- No minimum threshold - even 1% fault bars claim
- Very defendant-friendly doctrine
- Virginia is one of only 4 states using this standard
Impact on Liability Claims
| Scenario | Recovery |
|---|---|
| Plaintiff 0% at fault | Full damages |
| Plaintiff 1% at fault | Nothing |
| Plaintiff 50% at fault | Nothing |
| Plaintiff 99% at fault | Nothing |
Exceptions to Contributory Negligence
Limited exceptions exist:
- Last clear chance doctrine may allow recovery
- Defendant's gross negligence or intentional conduct
- Some strict liability claims
Joint and Several Liability
Virginia applies joint and several liability:
Virginia Rule
| Damage Type | Liability Rule |
|---|---|
| Economic Damages | Joint and several |
| Non-Economic Damages | Several only (since 2013) |
Practical Effect
- Multiple defendants may share liability
- Plaintiff can collect economic damages from any defendant
- Non-economic damages limited to each defendant's fault share
Commercial General Liability (CGL)
Virginia CGL policies must comply with state requirements:
Required Elements
- Occurrence vs. claims-made coverage clearly disclosed
- Coverage territory defined
- Limits per occurrence and aggregate
- Defense costs inclusion/exclusion
- Pollution exclusion with disclosure
Rate Regulation
Under file-and-use:
- Rates filed with Bureau of Insurance
- Become effective upon filing
- Commissioner can disapprove within 30 days
- Must not be excessive, inadequate, or unfairly discriminatory
Professional Liability
Virginia requires or regulates professional liability for various professions:
State Requirements
| Profession | Requirement |
|---|---|
| Attorneys | Disclosure required if no coverage |
| Architects | E&O may be required for state contracts |
| Engineers | E&O may be required for state contracts |
| Insurance Agents | Recommended but not mandatory |
| Real Estate Agents | Recommended but not mandatory |
| Healthcare Providers | Malpractice coverage required |
Medical Malpractice
Virginia has specific medical malpractice provisions:
- Cap on non-economic damages (updated periodically)
- Virginia Birth-Related Neurological Injury Compensation Program
- Specific statute of limitations
- Expert witness requirements
Pollution Liability
Virginia has specific pollution liability requirements:
Disclosure Requirements
- Pollution exclusion must be disclosed
- Environmental impairment liability options explained
- Underground storage tank coverage requirements
- Cleanup cost coverage options
Virginia Environmental Laws
- Federal CERCLA and Virginia equivalents apply
- Strict liability for hazardous waste
- Site cleanup requirements
- Virginia DEQ oversight
Punitive Damages
Virginia addresses punitive damages and insurance:
General Rule
- Punitive damages may not be insurable in Virginia
- Public policy considerations apply
- Some exceptions for vicarious liability
- Defense costs may be covered
Standards
- Punitive damages require willful and wanton conduct
- Higher burden of proof than compensatory damages
- Court may limit punitive award
Test Your Knowledge
How many states plus DC still use pure contributory negligence like Virginia?
A
B
C
D
Test Your Knowledge
In Virginia, how are non-economic damages handled in multi-defendant cases?
A
B
C
D