A. No action or suit shall abate or be defeated by the nonjoinder or misjoinder of parties, plaintiff or defendant, but whenever such nonjoinder or misjoinder shall be made to appear by affidavit or otherwise, new parties may be added and parties misjoined may be dropped by order of the court at any time as the ends of justice may require.
§ 8.01-5.Effect of nonjoinder or misjoinder; limitation on joinder of insurance company.
Chapter 2. Parties · Article 1. General Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-5 keeps an action or suit from abating or being defeated by nonjoinder or misjoinder of parties, lets the court add or drop parties by order once the problem is shown, and bars joining an insurance company merely because it issued a liability policy to or for the benefit of a party.
Full Text of § 8.01-5
B. Nothing in this section shall be construed to permit the joinder of any insurance company on account of the issuance to any party to a cause of any policy or contract of liability insurance, or on account of the issuance by any such company of any policy or contract of liability insurance for the benefit of or that will inure to the benefit of any party to any cause.
Plain-English Summary
Subsection A protects a case from a fatal defect that used to trap unwary litigants: leaving out a party who should have been included, or naming one who should not have been. Neither mistake causes the action or suit to abate or be defeated. Once the nonjoinder or misjoinder is shown, whether by affidavit or otherwise, the court may add new parties and drop misjoined ones by order, at any time the ends of justice require.
Subsection B draws a firm line around that flexibility. Nothing in the section permits joining an insurance company merely because it issued a liability policy to a party, or because a policy it issued will inure to a party’s benefit. The broad power to add and drop parties in subsection A does not open the door to bringing a defendant’s insurer into the case on that basis.
Frequently Asked Questions
Does a Virginia lawsuit get thrown out if the wrong parties were named?
No. Section 8.01-5(A) says an action or suit does not abate or get defeated by the nonjoinder or misjoinder of parties; the court can correct the problem by order instead.
How does a court fix a nonjoinder or misjoinder problem?
Once it is shown by affidavit or otherwise, Section 8.01-5(A) lets the court add new parties and drop misjoined ones by order, at any time the ends of justice require.
Can I add an insurance company as a defendant because it insures the other party?
No. Section 8.01-5(B) says nothing in this section permits joining an insurance company on account of a liability policy it issued to a party to the case.
Does it matter if the insurance policy would benefit a party in the lawsuit rather than being issued to them?
No. Section 8.01-5(B) bars joinder either way — whether the policy was issued to a party or issued for the benefit of a party to the cause.
Is there a deadline for fixing a misjoinder or nonjoinder problem?
Section 8.01-5(A) does not set one. It lets the court act at any time the ends of justice may require.
Amendment History
Code 1950, § 8-96; 1954, c. 333; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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