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VIRGINIA STATUTES AND CODES

38.2-2102 - Excluding loss or damage caused by nuclear reaction, nuclear radiation, or radioactive contamination.

§ 38.2-2102. Excluding loss or damage caused by nuclear reaction, nuclearradiation, or radioactive contamination.

A. The standard policy of fire insurance prescribed by this chapter shall notcover loss or damage caused by nuclear reaction, nuclear radiation, orradioactive contamination, whether resulting directly or indirectly from aperil insured under the policy. Insurers issuing the standard policy of fireinsurance are authorized to affix to the policy or include therein a writtenstatement that the policy does not cover loss or damage caused by nuclearreaction, nuclear radiation, or radioactive contamination, whether resultingdirectly or indirectly from a peril insured under the policy. However, anendorsement or endorsements specifically assuming coverage for loss or damagecaused by nuclear reaction, nuclear radiation, or radioactive contaminationmay be attached to the standard policy of fire insurance.

B. Notwithstanding the provisions of § 38.2-2105, for the purposes ofcommercial property and casualty insurance policies, the standard policy offire insurance prescribed by this chapter shall not cover loss or damagecaused by certified acts of terrorism as defined in the Terrorism RiskInsurance Act (15 U.S.C. § 6701) whether resulting directly or indirectlyfrom a peril insured under the policy if the insured has refused coverageoffered pursuant to the Terrorism Risk Insurance Act.

(1960, c. 117, § 38.1-363.1; 1986, c. 562; 2003, c. 930.)

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