Virginia SB 661: Accrual of cause of action; diagnoses of nonmalignant and malignant asbestos-related injury.

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2020 SESSION

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CHAPTER 180 

An Act to amend and reenact � 8.01-249 of the Code of 
Virginia, relating to accrual of cause of action; diagnoses of nonmalignant and 
malignant asbestos-related injury or disease. 

[S 661] 

Approved March 6, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 8.01-249 of the Code of Virginia is amended and 
reenacted as follows:

� 8.01-249. When cause of action shall be deemed to accrue in 
certain personal actions.

The cause of action in the actions herein listed shall be 
deemed to accrue as follows:

1. In actions for fraud or mistake, in actions for violations 
of the Consumer Protection Act (� 59.1-196 et seq.) based upon any misrepresentation, 
deception, or fraud, and in actions for rescission of contract for undue 
influence, when such fraud, mistake, misrepresentation, deception, or undue 
influence is discovered or by the exercise of due diligence reasonably should 
have been discovered;

2. In actions or other proceedings for money on deposit with a 
bank or any person or corporation doing a banking business, when a request in 
writing be made therefor by check, order, or otherwise;

3. In actions for malicious prosecution or abuse of process, 
when the relevant criminal or civil action is terminated;

4. In actions for injury to the person resulting from exposure 
to asbestos or products containing asbestos, when a diagnosis of asbestosis, 
interstitial fibrosis, mesothelioma, or other disabling asbestos-related injury 
or disease is first communicated to the person or his agent by a physician. 
However, no such action may be brought more than two years after the death of 
such person. The diagnosis of a nonmalignant asbestos-related injury or 
disease shall not accrue an action based upon the subsequent diagnosis of a 
malignant asbestos-related injury or disease, and such subsequent diagnosis 
shall constitute a separate injury that shall accrue an action when such 
diagnosis is first communicated to the person or his agent by a physician;

5. In actions for contribution or for indemnification, when 
the contributee or the indemnitee has paid or discharged the obligation. A 
third-party claim permitted by subsection A of � 8.01-281 and the Rules of 
Court may be asserted before such cause of action is deemed to accrue 
hereunder;

6. In actions for injury to the person, whatever the theory of 
recovery, resulting from sexual abuse occurring during the infancy or 
incapacity of the person, upon the later of the removal of the disability of 
infancy or incapacity as provided in � 8.01-229 or when the fact of the injury 
and its causal connection to the sexual abuse is first communicated to the 
person by a licensed physician, psychologist, or clinical psychologist. As used 
in this subdivision, "sexual abuse" means sexual abuse as defined in 
subdivision 6 of � 18.2-67.10 and acts constituting ra