{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-3106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-3106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-3106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-3106.html"}],"law_id":361987,"edition_id":2,"section_id":361987,"structure_id":51730,"section_number":"38.2-3106","catch_line":"Suicide and execution not grounds of defense; exception","history":"Code 1950, \u00a7 38-365; 1952, c. 317, \u00a7 38.1-437; 1986, c. 562.","full_text":"A\n\nExcept as provided in subsection B of this section, the fact that an insured committed suicide, or was executed under law, shall not be a defense in any action, motion or other proceeding on a life insurance policy that (i) was issued to any person residing in this Commonwealth at the time of issuance, or (ii) is otherwise subject to the laws of this Commonwealth, to recover for the death of that person.\n\nB\n\nAn express provision in the body of the policy limiting the liability of the insurer to an insured who, whether sane or insane, dies by his own act within two years from the date of the policy shall be valid but the insurer shall be obligated to return or pay at the least the amount of the premium paid for the policy.\n\n","order_by":null,"text":{"0":{"id":1347666,"text":"Except as provided in subsection B of this section, the fact that an insured committed suicide, or was executed under law, shall not be a defense in any action, motion or other proceeding on a life insurance policy that (i) was issued to any person residing in this Commonwealth at the time of issuance, or (ii) is otherwise subject to the laws of this Commonwealth, to recover for the death of that person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1347667,"text":"An express provision in the body of the policy limiting the liability of the insurer to an insured who, whether sane or insane, dies by his own act within two years from the date of the policy shall be valid but the insurer shall be obligated to return or pay at the least the amount of the premium paid for the policy.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51730,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":51729,"metadata":{"child_laws":27,"child_structures":0},"date_created":"2026-08-02 02:47:26","date_modified":"2026-08-02 12:33:09","permalink":{"id":1441335,"object_type":"structure","relational_id":51730,"identifier":"1","token":"38.2\/31\/1","url":"\/38.2\/31\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51729,"edition_id":2,"name":"Life Insurance","identifier":"31","label":"chapter","depth":2,"order_by":31,"parent_id":51644,"metadata":{"child_laws":41,"child_structures":4},"date_created":"2026-08-02 02:47:26","date_modified":"2026-08-02 12:33:09","permalink":{"id":1441333,"object_type":"structure","relational_id":51729,"identifier":"31","token":"38.2\/31","url":"\/38.2\/31\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51644,"edition_id":2,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":88,"parent_id":null,"metadata":{"child_laws":1890,"child_structures":173},"date_created":"2026-08-02 02:45:30","date_modified":"2026-08-02 12:32:55","permalink":{"id":1437663,"object_type":"structure","relational_id":51644,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":361981,"structure_id":51730,"section_number":"38.2-3100","catch_line":"Scope of chapter","url":"\/38.2-3100\/","token":"38.2\/31\/1\/38.2-3100","metadata":false},{"id":361978,"structure_id":51730,"section_number":"38.2-3100.1","catch_line":"Forms of insurance authorized","url":"\/38.2-3100.1\/","token":"38.2\/31\/1\/38.2-3100.1","metadata":false},{"id":361979,"structure_id":51730,"section_number":"38.2-3100.2","catch_line":"Funding agreements","url":"\/38.2-3100.2\/","token":"38.2\/31\/1\/38.2-3100.2","metadata":false},{"id":361980,"structure_id":51730,"section_number":"38.2-3100.3","catch_line":"Requirements of life insurance or annuity contracts used to fund preneed funeral contracts","url":"\/38.2-3100.3\/","token":"38.2\/31\/1\/38.2-3100.3","metadata":false},{"id":361982,"structure_id":51730,"section_number":"38.2-3101","catch_line":"Legal reserve insurers","url":"\/38.2-3101\/","token":"38.2\/31\/1\/38.2-3101","metadata":false},{"id":361983,"structure_id":51730,"section_number":"38.2-3102","catch_line":"Domestic insurers prohibited from insuring lives and persons of residents of \"reciprocal states.\"","url":"\/38.2-3102\/","token":"38.2\/31\/1\/38.2-3102","metadata":false},{"id":361984,"structure_id":51730,"section_number":"38.2-3103","catch_line":"Fraudulent procurement of policy; penalty","url":"\/38.2-3103\/","token":"38.2\/31\/1\/38.2-3103","metadata":false},{"id":361985,"structure_id":51730,"section_number":"38.2-3104","catch_line":"No policy to be issued purporting to take effect more than six months before application made; conversion permitted","url":"\/38.2-3104\/","token":"38.2\/31\/1\/38.2-3104","metadata":false},{"id":361986,"structure_id":51730,"section_number":"38.2-3105","catch_line":"What contracts with respect to life insurance may be made by minors","url":"\/38.2-3105\/","token":"38.2\/31\/1\/38.2-3105","metadata":false},{"id":361987,"structure_id":51730,"section_number":"38.2-3106","catch_line":"Suicide and execution not grounds of defense; exception","url":"\/38.2-3106\/","token":"38.2\/31\/1\/38.2-3106","metadata":false},{"id":361988,"structure_id":51730,"section_number":"38.2-3107","catch_line":"Incontestability of certain policies","url":"\/38.2-3107\/","token":"38.2\/31\/1\/38.2-3107","metadata":false},{"id":361989,"structure_id":51730,"section_number":"38.2-3108","catch_line":"Misstatement of age","url":"\/38.2-3108\/","token":"38.2\/31\/1\/38.2-3108","metadata":false},{"id":361990,"structure_id":51730,"section_number":"38.2-3109","catch_line":"Contestability of reinstated policy","url":"\/38.2-3109\/","token":"38.2\/31\/1\/38.2-3109","metadata":false},{"id":361992,"structure_id":51730,"section_number":"38.2-3110","catch_line":"Incontestability not applicable to excluded or restricted coverage","url":"\/38.2-3110\/","token":"38.2\/31\/1\/38.2-3110","metadata":false},{"id":361994,"structure_id":51730,"section_number":"38.2-3111","catch_line":"Assignment of life insurance policies","url":"\/38.2-3111\/","token":"38.2\/31\/1\/38.2-3111","metadata":false},{"id":361993,"structure_id":51730,"section_number":"38.2-3111.1","catch_line":"Annuity contract purchased to fund retirement benefits; transfer subject to Commission approval","url":"\/38.2-3111.1\/","token":"38.2\/31\/1\/38.2-3111.1","metadata":false},{"id":361995,"structure_id":51730,"section_number":"38.2-3112","catch_line":"Designation of testamentary trustee as beneficiary","url":"\/38.2-3112\/","token":"38.2\/31\/1\/38.2-3112","metadata":false},{"id":361999,"structure_id":51730,"section_number":"38.2-3113","catch_line":"Variable life insurance and variable annuities; separate accounts to be established; authority to issue; reports; special voting rights and procedures for owners","url":"\/38.2-3113\/","token":"38.2\/31\/1\/38.2-3113","metadata":false},{"id":361996,"structure_id":51730,"section_number":"38.2-3113.1","catch_line":"Modified guaranteed life insurance and modified guaranteed annuities; separate accounts; authority to issue; statements required; regulations to be issued; approval expenses","url":"\/38.2-3113.1\/","token":"38.2\/31\/1\/38.2-3113.1","metadata":false},{"id":361997,"structure_id":51730,"section_number":"38.2-3113.2","catch_line":"Qualified charitable gift annuities; issuance not business of insurance; disclosures to donors; unfair trade practices provisions not applicable","url":"\/38.2-3113.2\/","token":"38.2\/31\/1\/38.2-3113.2","metadata":false},{"id":361998,"structure_id":51730,"section_number":"38.2-3113.3","catch_line":"Educational loan provisions in life insurance policies","url":"\/38.2-3113.3\/","token":"38.2\/31\/1\/38.2-3113.3","metadata":false},{"id":362000,"structure_id":51730,"section_number":"38.2-3114","catch_line":"Statements required in variable life insurance and variable annuity contracts and certificates issued pursuant to group variable life insurance and group variable annuity contracts","url":"\/38.2-3114\/","token":"38.2\/31\/1\/38.2-3114","metadata":false},{"id":362002,"structure_id":51730,"section_number":"38.2-3115","catch_line":"Interest on life insurance and annuity contract proceeds","url":"\/38.2-3115\/","token":"38.2\/31\/1\/38.2-3115","metadata":false},{"id":362001,"structure_id":51730,"section_number":"38.2-3115.1","catch_line":"Accelerated payment of benefits","url":"\/38.2-3115.1\/","token":"38.2\/31\/1\/38.2-3115.1","metadata":false},{"id":362003,"structure_id":51730,"section_number":"38.2-3116","catch_line":"Commission to establish standards for simplified and readable life insurance and annuity policies","url":"\/38.2-3116\/","token":"38.2\/31\/1\/38.2-3116","metadata":false},{"id":362009,"structure_id":51730,"section_number":"38.2-3117","catch_line":"Standards for certain policies; prohibited policies","url":"\/38.2-3117\/","token":"38.2\/31\/1\/38.2-3117","metadata":false},{"id":362004,"structure_id":51730,"section_number":"38.2-3117.01","catch_line":"Provision of life insurance information upon notification of insured's death","url":"\/38.2-3117.01\/","token":"38.2\/31\/1\/38.2-3117.01","metadata":false}],"previous_section":{"id":361986,"structure_id":51730,"section_number":"38.2-3105","catch_line":"What contracts with respect to life insurance may be made by minors","url":"\/38.2-3105\/","token":"38.2\/31\/1\/38.2-3105","metadata":false},"next_section":{"id":361988,"structure_id":51730,"section_number":"38.2-3107","catch_line":"Incontestability of certain policies","url":"\/38.2-3107\/","token":"38.2\/31\/1\/38.2-3107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3106\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 317; in 1986, chapter 562.<\/p>","references":false,"refers_to":false,"permalink":{"id":1441373,"object_type":"law","relational_id":361987,"identifier":"38.2-3106","token":"38.2\/31\/1\/38.2-3106","url":"\/38.2-3106\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-3106\/","token":"38.2\/31\/1\/38.2-3106","dublin_core":{"Title":"Suicide and execution not grounds of defense; exception","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as provided in subsection B of this section, the <span class=\"dictionary\">fact<\/span> that an insured committed suicide, or was executed under <span class=\"dictionary\">law<\/span>, shall not be a defense in any action, <span class=\"dictionary\">motion<\/span> or other proceeding on a life <span class=\"dictionary\">insurance<\/span> policy that (i) was issued to any <span class=\"dictionary\">person<\/span> residing in this Commonwealth at the time of issuance, or (ii) is otherwise subject to the <span class=\"dictionary\">laws<\/span> of this Commonwealth, to recover for the death of that <span class=\"dictionary\">person<\/span>. <a id=\"paragraph-1347666\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3106\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> An express provision in the body of the policy limiting the liability of the <span class=\"dictionary\">insurer<\/span> to an insured who, whether sane or insane, dies by his own act within two years from the date of the policy shall be valid but the <span class=\"dictionary\">insurer<\/span> shall be obligated to return or pay at the least the amount of the premium paid for the policy. <a id=\"paragraph-1347667\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3106\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUICIDE AND EXECUTION NOT GROUNDS OF DEFENSE; EXCEPTION (\u00a7 38.2-3106)\n\nA. Except as provided in subsection B of this section, the fact that an insured\ncommitted suicide, or was executed under law, shall not be a defense in any\naction, motion or other proceeding on a life insurance policy that (i) was\nissued to any person residing in this Commonwealth at the time of issuance, or\n(ii) is otherwise subject to the laws of this Commonwealth, to recover for the\ndeath of that person.\n\nB. An express provision in the body of the policy limiting the liability of the\ninsurer to an insured who, whether sane or insane, dies by his own act within\ntwo years from the date of the policy shall be valid but the insurer shall be\nobligated to return or pay at the least the amount of the premium paid for the\npolicy.\n\nHISTORY: Code 1950, \u00a7 38-365; 1952, c. 317, \u00a7 38.1-437; 1986, c. 562.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}