38.2-126 - Marine.

§ 38.2-126. Marine.

A. "Marine insurance" means insurance against any kind of loss or damage to:

1. Vessels, craft, aircraft, vehicles of every kind, excluding vehiclesoperating under their own power or while in storage not incidental totransportation, as well as all goods, freights, cargoes, merchandise,effects, disbursements, profits, moneys, bullion, precious stones,securities, choses in action, evidences of debt, valuable papers, bottomryand respondentia interests and all other kinds of property and intereststherein in respect to any risks or perils of navigation, transit ortransportation, including war risks, on or under any seas or other waters, onland or in the air, or while being assembled, packed, crated, baled,compressed or similarly prepared for shipment or while awaiting shipment, orduring any delays, storage, transshipment, or reshipment incident toshipment, including marine builders' risks and all personal property floaterrisks;

2. Persons or property in connection with or appertaining to marine, inlandmarine, transit or transportation insurance, including liability for loss ofor damage to either arising out of or in connection with the construction,repair, operation, maintenance, or use of the subject matter of theinsurance. This class of insurance shall not include life insurance, suretybonds or insurance against loss by reason of bodily injury to the personarising out of the ownership, maintenance or use of automobiles;

3. Precious stones, jewels, jewelry, gold, silver and other precious metalsused in business, trade, or otherwise and whether or not in transit. Thisclass of insurance shall include jewelers' block insurance;

4. (i) Bridges, tunnels, and other instrumentalities of transportation andcommunication, excluding buildings, their furniture and furnishings, fixedcontents and supplies held in storage, unless fire, tornado, sprinklerleakage, hail, explosion, earthquake, riot, and civil commotion are the onlyhazards to be covered; (ii) to piers, wharves, docks, and slips, excludingthe risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake,riot and civil commotion; and (iii) to other aids to navigation andtransportation, including dry docks and marine railways, against all risks.

B. Marine insurance shall also include "marine protection and indemnityinsurance," meaning insurance against loss, damage, or expense or againstlegal liability of the insured for loss, damage, or expense arising out of orincident to ownership, operation, chartering, maintenance, use, repair orconstruction of any vessel, craft or instrumentality in use in ocean orinland waterways, including liability of the insured for personal injury,illness or death or for loss of or damage to the property of another person.

C. Any policy of "marine insurance" as defined in this section providingprotection against bodily injury, sickness or death of another person mayinclude appropriate provisions obligating the insurer to pay medical,hospital, surgical, and funeral expenses arising out of the death or injuryof any person, regardless of any legal liability of the insured.

(1952, c. 317, § 38.1-22; 1986, c. 562.)