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Committee advances clarification to streamline underinsured motorist claims
Summary
HB 107 would clarify that released at-fault tortfeasors need not be served when claimants pursue underinsured motorist coverage; the subcommittee reported the bill out 9–0 after supporters said the change would reduce unnecessary litigation.
Delegate Ballard presented House Bill 107 as a clarifying provision tied to §38.2‑2206(k)–(n), explaining inconsistent court interpretations have caused extra litigation when release defendants were served in UIM claims. Ballard described a hypothetical in which a plaintiff settles with the at‑fault driver and then pursues UIM benefits under the injured party's own policy; HB 107 would eliminate the need to serve the released tortfeasor and thereby avoid involving an unnecessary insurer and additional counsel.
Elliot Buckner of the Virginia Trial Lawyers Association and the Virginia Farm Bureau supported the bill, saying it would streamline cases and reduce costs. The subcommittee voted to report HB 107 out by a vote of 9–0.
