During the 2010 session of the Virginia General Assembly, House Bill 93 (“HB 93”) was passed to amend Virginia’s existing underinsured motorist insurance statute, Virginia Code Section 38.2-2206 (“UIM Statute”), in an attempt to address concerns that UIM carriers could force protracted litigation because no incentives or penalties existed to encourage them to sit in good faith at the negotiating table during litigation. Prior to the passage of HB 93, the liability carrier was required to shoulder the cost to defend its insured and protect the insured from an excess verdict or a future subrogation claim by the UIM carrier, while the UIM carrier could simply sit passively and monitor the underlying case with little to no defense costs and no threat of an excess verdict against its insured.