Virginia § 38.2-2131 - Assignment of claims prohibited

Full text of Virginia Code of Virginia § 38.2-2131 — Assignment of claims prohibited, with citation guidance and answers to common questions.

§ 38.2-2131. Assignment of claims prohibited

A. Consistent with the provisions of § 38.2-2104, no person insured under a fire insurance policy or a fire insurance policy in combination with other coverages shall assign or otherwise transfer, in whole or in part, to any other person the duties, rights, or benefits of the insured under the policy arising from a claim or covered loss without written consent of the insurer.

B. Any contract provision entered in violation of this section shall be void and unenforceable.

C. The provisions of this section shall not be construed to prohibit an insured from:

1. Authorizing or directing payment to, or paying, a person for reasonable services, materials, or any other item that is covered or may be covered under an insurance policy; or

2. Assigning rights to seek damages related to a personal injury or tort case arising from a settlement, verdict, or resulting judgment against the insured that is in excess of the insured's liability insurance coverage, subject to defenses available by law.

D. Notwithstanding the provisions of § 38.2-2123, the provisions of this section shall apply to (i) mutual assessment property and casualty insurers and (ii) mutual insurers and associations organized under the laws of the Commonwealth conducting business only in the Commonwealth and issuing only policies providing for perpetual insurance.

2025, cc. 120, 134.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 38.2-2131

What does Code of Virginia § 38.2-2131 cover?

Section 38.2-2131 ("Assignment of claims prohibited") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 38.2-2131?

A common citation format is "Code of Virginia § 38.2-2131" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 38.2-2131 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.