CHAPTER 11

An Act to amend and reenact § 8-88, as amended, of the Code of Virginia,
relating to venue so as to provide therefor in cases involving recovery
of a loss under a policy of insurance. (Ht 82]

Approved September 19, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 8-38, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 8-38. Any action at law or suit in equity, except where it is other-
wise especially provided, may be brought in any county or corporation:

(1) Wherein any of the defendants may reside;

(2) If a corporation be a defendant, wherein its principal office or
registered office is, or wherein its mayor, rector, president, or other chief
officer resides;

(8) If it be to recover a loss under a policy of insurance, either upon
property or life, wherein (a) the property insured was situated at the date
of the policy, or (b) the person whose life was insured resided at the date
of his death or at the date of the policy;

(3a) If it be to recover indemnity under a policy of accident and
health insurance, either or both, wherein (a) the policyholder resided at
the time of the happening for which indemnity is sought, or (b) where
the policyholder resided at the date of the policy;

(4) If it be to recover land or to subject it to a debt, wherein such
land or part of it may be;

(5) If it be a suit to construe a will or for the direction of the court
in the administration of the estate of a deceased person, or a suit or action
against a personal representative, curator, committee, guardian or other
fiduciary, in the county or corporation wherein the will was admitted to
probate, or such fiduciary qualified;

(6) If it be against a foreign corporation, wherein its statutory
agent resides, or its registered office is situated or, in case of withdrawal
from the State, where its last statutory agent resided or its last registered
pee ne situated or where it has any estate or debts owing to it within
is

(6a) If it be against a nonresident and the cause of action arose
because of the operation of a motor vehicle on the highways of this State,
wherein the plaintiff resides, or wherein the cause of action or any part
thereof arose;

(7) If it be against a defendant who resides without this State,
wherein he may be found and served with process, or may have estate
or debts due him, provided, however, that nothing contained in this
section shall be so construed as to permit the joining of a domestic corpora-
tion or resident individual as codefendant with a foreign corporation or
nonresident individual in a jurisdiction where such domestic corporation or
resident individual could not be sued;

If it be on behalf of the Commonwealth, whether in the name of
the Attorney General or otherwise, it may be in the city of Richmond;

(9) If it be an action or a suit in which it is necessary or proper to
make any of the following public officers a party defendant, to-wit, the
Governor, Attorney General, State Treasurer, Secretary of the Common-
wealth, Comptroller, Superintendent of Public Instruction, or Commis-
sioner of Agriculture and Immigration; or in which it may be necessary
or proper to make a party defendant the State Board of Education, or other
public corporation composed of officers of government, of the funds and
property of which the Commonwealth is sole owner; or in which it shall
be attempted to enjoin or otherwise suspend or affect any judgment or
decree on behalf of the Commonwealth, or any execution issued on such
judgment or decree, it shall be only in the city of Richmond; and

(10) If any judge of a circuit or corporation court be interested in
a case which, but for such interest, would be proper for the jurisdiction
of his court, the action or suit may be brought in any court in an adjoining
circuit or corporation. Any such action or suit brought in any county or
corporation within the territorial limits of the jurisdiction of such judge
shall, on motion of any party thereto, be removed to the circuit or corpora-
tion court of a county or corporation in an adjoining circuit.