There is a newer version of the Code of Virginia
2014 Virginia Code
Title 38.2 - Insurance
Chapter 1. GENERAL PROVISIONSArticle 1. DEFINITIONS
- § 38.2-100. Definitions
- § 38.2-100.1. Certified mail; subsequent mail or notices may be sent by regular mail
Article 2. INSURANCE CLASSIFIED AND DEFINED
- § 38.2-101. Classification of insurance
- § 38.2-102. Life
- § 38.2-103. Credit life
- § 38.2-104. Industrial life
- § 38.2-105. Variable life
- § 38.2-105.1. Modified guaranteed life insurance
- § 38.2-106. Annuities
- § 38.2-106.1. Charitable gift annuities
- § 38.2-107. Variable annuity
- § 38.2-107.1. Modified guaranteed annuity
- § 38.2-108. Credit accident and sickness
- § 38.2-109. Accident and sickness
- § 38.2-110. Fire
- § 38.2-111. Miscellaneous property and casualty
- § 38.2-112. Water damage
- § 38.2-113. Burglary and theft
- § 38.2-114. Glass insurance
- § 38.2-115. Boiler and machinery
- § 38.2-116. Animal
- § 38.2-117. Personal injury liability
- § 38.2-118. Property damage liability
- § 38.2-119. Workers' compensation and employers' liability
- § 38.2-120. Fidelity
- § 38.2-121. Surety
- § 38.2-122. Credit
- § 38.2-122.1. Credit involuntary unemployment insurance
- § 38.2-122.2. Credit property insurance
- § 38.2-123. Title
- § 38.2-124. Motor vehicle
- § 38.2-125. Aircraft
- § 38.2-126. Marine
- § 38.2-127. Legal services insurance
- § 38.2-128. Mortgage guaranty insurance
- § 38.2-129. Home protection insurance
- § 38.2-130. Homeowners insurance
- § 38.2-131. Farmowners insurance
- § 38.2-132. Commercial multi-peril insurance
- § 38.2-133. Contingent and consequential losses
- § 38.2-134. Definitions to include other insurance of same general kind
Article 3. CLASSES OF INSURANCE COMPANIES MAY WRITE; REINSURANCE
- § 38.2-135. Classes of insurance companies may be licensed to write
- § 38.2-136. Reinsurance
- § 38.2-137. Flood insurance
- § 38.2-200. General powers of the Commission relative to insurance
- § 38.2-201. Recommendations by Commission to General Assembly
- § 38.2-202. Regulation of solicitation of proxies, consents and authorizations
- § 38.2-203. Management and exclusive agency contracts subject to approval by Commission
- § 38.2-204. Repealed
- § 38.2-205.1. Temporary contracts of insurance permitted
- § 38.2-206. Corporations as members of mutual insurers
- § 38.2-207. Enforcement of right of subrogation in name of insured
- § 38.2-208. Limitation of risks generally
- § 38.2-209. Award of insured's attorney fees in certain cases
- § 38.2-210. Loans to officers, directors, etc., prohibited
- § 38.2-211. Other interests and payments to officers, directors, etc., prohibited
- § 38.2-212. Certain compensation not prohibited
- § 38.2-213. Violation of § 38.2-210 or § 38.2-211
- § 38.2-214. Restrictions upon purchase and sale of equity securities of domestic stock insurers
- § 38.2-215. Liability of president, chief executive officer or directors if insurance issued when insurer insolvent
- § 38.2-216. Restrictions on removal or transfer of property and on reinsurance; penalty
- § 38.2-217. When assets may not be distributed among stockholders
- § 38.2-218. Penalties and restitution payments
- § 38.2-219. Violations; procedure; cease and desist orders
- § 38.2-220. Injunctions
- § 38.2-221. Enforcement of penalties
- § 38.2-221.1. Confidentiality of information
- § 38.2-221.2. Treatment of confidential information pursuant to federal law
- § 38.2-221.3. Confidentiality of applications and investigations
- § 38.2-222. Appeals generally
- § 38.2-223. Rules and regulations; orders
- § 38.2-224. Procedures
- § 38.2-225. Disposition of fines and penalties
- § 38.2-226. Provisions of title not to apply to certain mutual aid associations
- § 38.2-226.1. Expired
- § 38.2-226.2. Provisions of title not applicable to certain long-term care health plans
- § 38.2-226.3. Expired
- § 38.2-227. Public policy regarding punitive damages
- § 38.2-228. Proof of future financial responsibility
- § 38.2-229. Immunity from liability
- § 38.2-230. Distributions by nonstock corporation
- § 38.2-231. Notice of cancellation, refusal to renew, reduction in coverage or increase in premium of certain liability insurance policies
- § 38.2-232. Notice of lapse or pending lapse of certain life and accident and sickness insurance policies
- § 38.2-233. Credit involuntary unemployment insurance; credit property insurance; disclosure and readability
- § 38.2-234. Release of information
- § 38.2-235. Liability insurance; carbon monoxide exclusions
- § 38.2-236. Notice of settlement payment
- § 38.2-300. Scope of chapter
- § 38.2-301. Insurable interest required; life, accident and sickness insurance
- § 38.2-302. Life, accident and sickness insurance; application required
- § 38.2-303. Insurable interest required; property insurance
- § 38.2-304. Contracts of temporary insurance; duration; what deemed to include
- § 38.2-305. Contents of policies
- § 38.2-306. Additional contents
- § 38.2-307. Charter and bylaw provisions in policies
- § 38.2-308. Contingent liability provisions in policies issued by certain mutual insurers
- § 38.2-309. When answers or statements of applicant do not bar recovery on policy
- § 38.2-310. All fees, charges, etc., to be stated in policy
- § 38.2-311. Type size in which conditions and restrictions to be printed
- § 38.2-312. Provisions limiting jurisdiction, or requiring construction of contracts by law of other states, prohibited
- § 38.2-313. Where certain contracts deemed made
- § 38.2-314. Limitation of action and proof of loss
- § 38.2-315. Intervening breach
- § 38.2-316. Policy forms to be filed with Commission; notice of approval or disapproval; exceptions
- § 38.2-316.1. Premium rates
- § 38.2-317. Delivery and use of certain policies and endorsements
- § 38.2-318. Validity of noncomplying forms
- § 38.2-319. Validity of contracts in violation of law
- § 38.2-320. Insurer to furnish forms for proof of loss
- § 38.2-321. Payment discharges insurer
- § 38.2-322. Standardized claims forms
- § 38.2-323. Repealed
- § 38.2-324. Disclosure of property damage information
- § 38.2-325. Electronic delivery
- § 38.2-326. Plan management functions
- § 38.2-400. Expense of administration of insurance laws borne by licensees; minimum contribution
- § 38.2-401. Fire Programs Fund
- § 38.2-401.1. Dam Safety, Flood Prevention and Protection Assistance Fund assessment
- § 38.2-402. Definitions
- § 38.2-403. Assessment for expenses
- § 38.2-404. Recovery of such assessments; revocation or suspension of license
- § 38.2-405. Appeal from assessment
- § 38.2-406. Report of gross premium income
- § 38.2-407. Repealed
- § 38.2-412. Companies going out of business
- § 38.2-413. Double assessment respecting same direct gross premium income negated
- § 38.2-414. Assessments to fund program to reduce losses from motor vehicle thefts
- § 38.2-415. Assessment to fund program to reduce losses from insurance fraud
- § 38.2-500. Declaration of purpose
- § 38.2-501. Definitions
- § 38.2-502. Misrepresentations and false advertising of insurance policies
- § 38.2-503. False information and advertising generally
- § 38.2-504. Defamation
- § 38.2-505. Boycott, coercion and intimidation
- § 38.2-506. False statements and entries
- § 38.2-507. Stock operations and advisory board contracts
- § 38.2-508. Unfair discrimination
- § 38.2-508.1. Unfair discrimination; members of the armed forces
- § 38.2-508.2. Discrimination prohibited
- § 38.2-508.3. Consideration of Medicaid eligibility prohibited
- § 38.2-508.4. Genetic information privacy
- § 38.2-508.5. Re-underwriting individual under existing group or individual accident and sickness insurance policy prohibited; exceptions
- § 38.2-509. Rebates
- § 38.2-510. Unfair claim settlement practices
- § 38.2-511. Failure to maintain record of complaints
- § 38.2-512. Misrepresentation in insurance documents or communications
- § 38.2-513. Repealed
- § 38.2-513.1. Insurance sales by depository institutions and other lending institutions
- § 38.2-514. Failure to make disclosure
- § 38.2-514.1. Disclosure required
- § 38.2-514.2. Disclosures required of motor vehicle rental contract insurance agents and enrollers
- § 38.2-515. Power of Commission
- § 38.2-516. Prohibited compensation for intra-company replacement
- § 38.2-517. Unfair settlement practices; replacement and repair; penalty
- § 38.2-518. Certificates of insurance
- § 38.2-600. Purposes
- § 38.2-601. Application of chapter
- § 38.2-602. Definitions
- § 38.2-603. Pretext interviews
- § 38.2-604. Notice of information collection and disclosure practices
- § 38.2-604.1. Notice of financial information collection and disclosure practices
- § 38.2-605. Marketing and research surveys
- § 38.2-606. Content of disclosure authorization forms
- § 38.2-607. Investigative consumer reports
- § 38.2-608. Access to recorded personal information
- § 38.2-609. Correction, amendment, or deletion of recorded personal information
- § 38.2-610. Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information
- § 38.2-611. Information concerning previous adverse underwriting decisions
- § 38.2-612. Bases for adverse underwriting decisions
- § 38.2-612.1. Special requirements for providing financial information to nonaffiliated third parties
- § 38.2-612.2. Protection of the Fair Credit Reporting Act
- § 38.2-613. Disclosure limitations and conditions
- § 38.2-613.01. Commission to promulgate regulations on disclosure of certain medical test results to insurance applicants
- § 38.2-613.1. Disclosure of agent's moratorium required
- § 38.2-613.2. Information security program
- § 38.2-614. Powers of Commission
- § 38.2-615. Hearings and procedures
- § 38.2-616. Service of process on insurance-support organizations
- § 38.2-617. Individual remedies
- § 38.2-618. Immunity of persons disclosing information
- § 38.2-619. Obtaining information under false pretenses
- § 38.2-620. Effective date
- § 38.2-700. When domestic insurer may hold stock of another insurer
- § 38.2-701. When director of a domestic insurer may be a director of another insurer
- § 38.2-702. Violations; procedure; cease and desist orders
- § 38.2-703. Cease and desist orders may be entered
- § 38.2-704. Penalties
- § 38.2-705. Antitrust provision
Article 1. UNLICENSED INSURERS PROCESS
- § 38.2-800. Definition
- § 38.2-801. What constitutes appointment of agent for service of process
- § 38.2-802. How process served
- § 38.2-803. Alternate method of service
- § 38.2-804. Other legal service not limited
- § 38.2-805. When judgment may be entered
- § 38.2-806. Defense of action by unlicensed insurer
- § 38.2-807. Attorney fees
Article 2. UNLICENSED NONRESIDENT BROKERS AND AGENTS PROCESS
- § 38.2-808. Definition
- § 38.2-809. What constitutes appointment of agent for service of process
- § 38.2-810. How process or notice served
- § 38.2-811. Other legal service not limited
Article 3. UNLICENSED PUBLIC ADJUSTERS.
- § 38.2-812. Definition
- § 38.2-813. What constitutes appointment of agent for service of process
- § 38.2-814. How process or notice served
- § 38.2-815. Other legal service not limited
- § 38.2-900. Workers' compensation
- § 38.2-901. References to former sections of Title 38 or Title 38.1
- § 38.2-902. Existing licenses
- § 38.2-903. Existing form of policy, contract, certificate, application, rider or endorsement
- § 38.2-904. Existing rates
Article 1. ORGANIZATION OF DOMESTIC INSURERS
- § 38.2-1000. Incorporation of domestic stock insurers
- § 38.2-1001. Incorporation of domestic mutual insurers
- § 38.2-1002. Additional requirements of articles of incorporation; name
- § 38.2-1003. When corporate status attained; bylaws filed with Commission
- § 38.2-1004. Voting
- § 38.2-1005. Certain mutual companies and societies not to become stock companies without approval of Commission
- § 38.2-1005.1. Conversion of a domestic mutual insurer to a domestic stock insurer
Article 1.1. FORMATION OF MUTUAL INSURANCE HOLDING COMPANY; CONVERSION OF MUTUAL HOLDING COMPANY TO STOCK HOLDING COMPANY
- § 38.2-1005.1:1. Definitions
- § 38.2-1005.1:2. Formation of mutual holding company and conversion of mutual company
- § 38.2-1005.1:3. Mutual holding company membership interest
- § 38.2-1005.1:4. Contents of plan of MHC conversion
- § 38.2-1005.1:5. Adoption and approval of plan of MHC conversion
- § 38.2-1005.1:6. Corporate existence
- § 38.2-1005.1:7. Regulation and authority of a mutual holding company
- § 38.2-1005.1:8. Diversion of business to affiliates
- § 38.2-1005.1:9. Conversion of mutual holding company
- § 38.2-1005.1:10. Conflicts of interest
- § 38.2-1005.1:11. Costs and expenses
- § 38.2-1005.1:12. Failure to give notice
- § 38.2-1005.1:13. Limitation on actions
Article 2. CONVERSION OF DOMESTIC STOCK INSURER TO MUTUAL INSURER
- § 38.2-1006. Conversion of a domestic stock insurer to a mutual insurer
- § 38.2-1007. Notice to policyholders of meeting to approve conversion
- § 38.2-1008. Conduct of and voting at meeting
- § 38.2-1009. Payment for shares pursuant to conversion plan
- § 38.2-1010. How acquired shares held
- § 38.2-1011. Disposition of dividends after payments provided in conversion plan
- § 38.2-1012. Jurisdiction to compel completion of mutualization
- § 38.2-1013. Venue of proceedings
- § 38.2-1014. Parties and process
- § 38.2-1015. Determining value of stock outstanding; dismissal of petition or entry of decree requiring payment for and transfer of stock
- § 38.2-1016. Amendment of charter and bylaws; change of name; retirement and cancellation of stock; when mutualization effective; assets and liabilities; officers and directors; general restrictions and powers
Article 2.1. CONVERSION OF HEALTH MAINTENANCE ORGANIZATION TO ACCIDENT AND SICKNESS INSURER
Article 3. MERGERS
Article 4. REDOMESTICATION OF INSURERS
- § 38.2-1019. Change of status from foreign to domestic insurer
- § 38.2-1020. Transfer of domicile from Virginia to another state
- § 38.2-1021. Change of domicile of foreign insurer to another foreign state
- § 38.2-1022. Commission to be notified of proposed transfer of domicile
- § 38.2-1023. Effect of transfer of domicile on certificate of authority, agents' appointments and licenses, etc
Article 5. LICENSING OF INSURERS
- § 38.2-1024. License required to transact the business of insurance; application fee requirements for license
- § 38.2-1025. Annual renewal of license
- § 38.2-1026. Retaliatory provisions as to taxes, fees, deposits and other requirements
- § 38.2-1027. Admission of foreign and alien insurers
- § 38.2-1028. Additional licensing requirements for stock insurers
- § 38.2-1029. Additional licensing requirements for mutual insurers
- § 38.2-1030. Surplus requirements for issuing policies without contingent liability
- § 38.2-1031. Additional requirements, alien insurers
- § 38.2-1032. Additional licensing requirements for domestic insurers
- § 38.2-1033. Additional licensing requirements for foreign insurers
- § 38.2-1034. How domestic mutual insurers may acquire initial surplus
- § 38.2-1035. Domestic insurers to maintain minimum capital and surplus; proceedings by Commission if impairment found
- § 38.2-1036. Impairment of capital and surplus of foreign and alien company ground for suspension or revocation of license
- § 38.2-1037. Exceptions for licensed and operating insurers
- § 38.2-1038. Authority of Commission to issue orders covering insurers in hazardous financial condition
- § 38.2-1039. Enjoining unlicensed foreign or alien insurers from transacting the business of insurance in Commonwealth
- § 38.2-1039.1. Risk retention groups
Article 6. REFUSAL, SUSPENSION OR REVOCATION OF INSURER'S LICENSE
- § 38.2-1040. Refusal, suspension or revocation of license
- § 38.2-1041. Notice to company of proposed suspension or revocation
- § 38.2-1042. Agent's authority likewise suspended or revoked
- § 38.2-1043. Suspension or revocation published
- § 38.2-1044. New business prohibited
Article 7. DEPOSITS
- § 38.2-1045. Deposits required of insurers generally
- § 38.2-1046. Purpose of deposits; enforcement of lien
- § 38.2-1047. How deposits applied to payment of claims; deficit to be made good
- § 38.2-1048. Return of deposits
- § 38.2-1049. Alternate deposit requirements
- § 38.2-1050. Voluntary deposit in excess of amount required
- § 38.2-1051. Repealed
- § 38.2-1052. Exchange of securities
- § 38.2-1053. Interest on deposits; to whom paid
- § 38.2-1054. Duty of State Treasurer when securities deposited are paid
- § 38.2-1055. Annual report of State Treasurer to Commission
- § 38.2-1056. Treasurer to receipt for deposits; responsibility of Commonwealth; taxation of deposited bonds
- § 38.2-1057. Assessment for expense of holding deposits; Insurance Collateral Assessment Fund
- § 38.2-1058. Felony for State Treasurer to dispose of securities illegally
- § 38.2-1100. Scope of chapter
- § 38.2-1101. Definitions
- § 38.2-1102. Application for license; limitations on authority
- § 38.2-1103. Name
- § 38.2-1104. Formation; licensure after examination; amendment of articles; principal and home office
- § 38.2-1105. Deposit of minimum capital; letter of credit instead of deposit
- § 38.2-1106. Minimum surplus in form of letter of credit
- § 38.2-1107. Membership in rating organizations
- § 38.2-1108. Tax on premiums collected
- § 38.2-1109. Applicability of other provisions of title
Article 1. GENERAL PROVISIONS
- § 38.2-1200. Scope of chapter
- § 38.2-1201. Definitions
- § 38.2-1202. Insuring power of reciprocals
- § 38.2-1203. What laws applicable to reciprocals; compliance with § 38.2-208
- § 38.2-1204. Power to enter into reciprocal insurance contracts
- § 38.2-1205. Name
- § 38.2-1206. License required of reciprocals; surplus
- § 38.2-1207. Exceptions as to reciprocals licensed and operating
- § 38.2-1208. Additional requirements, foreign and alien reciprocals
- § 38.2-1209. Residence and office of attorney of foreign and alien reciprocals
- § 38.2-1210. Contracts executed by attorney
- § 38.2-1211. License required of agent
- § 38.2-1212. Subscribers' liability
- § 38.2-1213. Nonassessable policies
- § 38.2-1214. Savings returned to subscribers
- § 38.2-1215. Reserves
- § 38.2-1216. Clerk of Commission to be appointed agent for service of process; procedure thereafter
- § 38.2-1217. Reciprocal may be sued as such; where action or suit may be brought; upon whom service of process had
- § 38.2-1218. Effect of judgment against reciprocal
Article 2. DOMESTIC RECIPROCALS
- § 38.2-1219. Organization of reciprocals; what declaration to contain
- § 38.2-1220. Attorney to file bond
- § 38.2-1221. Deposit instead of bond
- § 38.2-1222. Subscribers' advisory committee
- § 38.2-1223. Subscriber's agreement and power of attorney
- § 38.2-1224. Modification of power of attorney and subscriber's agreement
- § 38.2-1225. Contributions
- § 38.2-1226. Assessments
- § 38.2-1227. Time limit for assessment
- § 38.2-1228. Subscribers' share in assets
- § 38.2-1229. Impaired reciprocals
- § 38.2-1230. Material transactions
- § 38.2-1231. Attorney's financial statement
Article 1. ANNUAL STATEMENTS AND OTHER REPORTS
- § 38.2-1300. Annual statements
- § 38.2-1301. Additional reports
- § 38.2-1301.1. Material transaction disclosures
- § 38.2-1302. Extension of filing time
- § 38.2-1303. Printed forms to be filed by insurers; certificates to domestic insurers
- § 38.2-1304. False statements, reports, etc., deemed a Class 5 felony
- § 38.2-1305. Voluntary reports
- § 38.2-1306. Reports to be open to public inspection
- § 38.2-1306.1. Insurance companies' analyses confidential
Article 2. VALUATION AND ADMISSIBILITY OF ASSETS
- § 38.2-1306.2. Valuation of investments and other assets
- § 38.2-1306.3. Nonadmitted assets
- § 38.2-1307. Repealed
- § 38.2-1310. Repealed
- § 38.2-1310.1. Repealed
Article 3. RESERVES
- § 38.2-1311. Valuation reserves
- § 38.2-1312. Unearned premium reserves
- § 38.2-1313. Loss records
- § 38.2-1314. Loss or claim reserves
- § 38.2-1315. Mortgage guaranty insurance contingency reserve
- § 38.2-1315.1. (Effective until January 1, 2015) Actuarial statements of opinion, reports, memoranda, and summaries
- § 38.2-1315.1. (Effective January 1, 2015) Actuarial statements of opinion, reports, memoranda, and summaries
- § 38.2-1316. Repealed
Article 3.1. REINSURANCE
- § 38.2-1316.1. Definitions
- § 38.2-1316.2. Credit allowed a domestic ceding insurer
- § 38.2-1316.3. Repealed
- § 38.2-1316.4. Credit allowed any ceding insurer
- § 38.2-1316.5. Repealed
- § 38.2-1316.7. Rules and regulations
- § 38.2-1316.8. Reinsurance agreements affected
Article 4. EXAMINATIONS
- § 38.2-1317. Examinations; when authorized or required
- § 38.2-1317.1. Examinations; nature and scope
- § 38.2-1317.2. Market analyses confidential
- § 38.2-1318. Examinations; how conducted
- § 38.2-1319. Expense of examination
- § 38.2-1320. Examination reports; general description
- § 38.2-1320.1. Submission of examination report
- § 38.2-1320.2. Filing of report on examination
- § 38.2-1320.3. Examination reports; orders and procedures
- § 38.2-1320.4. Publication and use of examination reports
- § 38.2-1320.5. Confidentiality of ancillary information
- § 38.2-1321. Records of examination preserved
- § 38.2-1321.1. Immunity from liability
Article 5. INSURANCE HOLDING COMPANIES
- § 38.2-1322. Definitions
- § 38.2-1323. Acquisition of control of insurers
- § 38.2-1324. Contents of application
- § 38.2-1325. Alternate filing materials
- § 38.2-1326. Approval by Commission
- § 38.2-1327. Time for hearing; order of Commission
- § 38.2-1328. Exemption
- § 38.2-1329. Registration of insurers that are members of holding company system
- § 38.2-1330. Standards for transactions within an insurance holding company system; adequacy of surplus
- § 38.2-1330.1. Dividends and other distributions
- § 38.2-1331. Repealed
- § 38.2-1332. Examinations
- § 38.2-1332.1. Supervisory colleges
- § 38.2-1333. Confidential treatment of information and documents
- § 38.2-1334. Revocation, suspension, or nonrenewal of insurer's license
- § 38.2-1334.1. Voting of securities, injunctions, and sequestration of voting securities
- § 38.2-1334.2. Recovery
- § 38.2-1334.2:1. Rules and regulations
- § 38.2-1334.2:2. Sanctions
- § 38.2-1334.2:3. Statutory construction and relationship to other laws
Article 5.1. RISK MANAGEMENT FRAMEWORK; OWN RISK AND SOLVENCY ASSESSMENTS.
- § 38.2-1334.3. (Effective January 1, 2015) Definitions
- § 38.2-1334.4. (Effective January 1, 2015) Risk management framework
- § 38.2-1334.5. (Effective January 1, 2015) ORSA requirement
- § 38.2-1334.6. (Effective January 1, 2015) ORSA summary report
- § 38.2-1334.7. (Effective January 1, 2015) Scope of article; exemption
- § 38.2-1334.8. (Effective January 1, 2015) Contents of ORSA summary report
- § 38.2-1334.9. (Effective January 1, 2015) Confidentiality
- § 38.2-1334.10. (Effective January 1, 2015) Sanctions
Article 6. SUBSIDIARIES OF INSURANCE COMPANIES
- § 38.2-1335. Definitions
- § 38.2-1336. Subsidiaries of insurers
- § 38.2-1337. Disclaimer of control
- § 38.2-1338. Applicability
- § 38.2-1339. (Effective January 1, 2015) Exemptions
- § 38.2-1339. (Effective until January 1, 2015) Exemptions
- § 38.2-1340. Revocation, suspension, or nonrenewal of insurer's license
Article 7. BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED PROPERTY AND CASUALTY INSURER ACT
- § 38.2-1341. Definitions
- § 38.2-1342. (Effective until January 1, 2015) Applicability
- § 38.2-1342. (Effective January 1, 2015) Applicability
- § 38.2-1343. Minimum standards
- § 38.2-1344. Disclosure
- § 38.2-1345. Penalties
- § 38.2-1346. Licensure
Article 8. LICENSING OF REINSURANCE INTERMEDIARIES
- § 38.2-1347. Definitions
- § 38.2-1348. License requirements
- § 38.2-1349. Required contract provisions; reinsurance intermediary brokers
- § 38.2-1350. Books and records; reinsurance intermediary brokers
- § 38.2-1351. Duties of insurers utilizing the services of a reinsurance intermediary broker
- § 38.2-1352. Required contract provisions; reinsurance intermediary managers
- § 38.2-1353. Prohibited acts
- § 38.2-1354. Duties of reinsurers utilizing the services of a reinsurance intermediary manager
- § 38.2-1355. Examination authority
- § 38.2-1356. Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license
- § 38.2-1357. Requirement to report to Commission
Article 9. LICENSING OF MANAGING GENERAL AGENTS
- § 38.2-1358. Definitions
- § 38.2-1359. Licensure
- § 38.2-1360. Required contract provisions
- § 38.2-1361. Duties of insurers utilizing managing general agents
- § 38.2-1362. Examination authority
- § 38.2-1363. Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license
- § 38.2-1364. Requirement to report to Commission
Article 10. STANDARD VALUATION.
- § 38.2-1365. (Effective January 1, 2015) Definitions
- § 38.2-1366. (Effective January 1, 2015) Reserve valuation
- § 38.2-1367. (Effective January 1, 2015) Actuarial opinion of reserves
- § 38.2-1368. (Effective January 1, 2015) Minimum valuation standard for policies issued prior to certain dates
- § 38.2-1369. (Effective January 1, 2015) Computation of minimum standard
- § 38.2-1370. (Effective January 1, 2015) Computation of minimum standard for annuities
- § 38.2-1371. (Effective January 1, 2015) Computation of minimum standard by calendar year of issue
- § 38.2-1372. (Effective January 1, 2015) Reserve valuation method; life insurance and endowment benefits
- § 38.2-1373. (Effective January 1, 2015) Reserve valuation method; annuity and pure endowment benefits
- § 38.2-1374. (Effective January 1, 2015) Minimum reserves
- § 38.2-1375. (Effective January 1, 2015) Optional reserve calculation
- § 38.2-1376. (Effective January 1, 2015) Reserve calculation; valuation net premium exceeding the gross premium charged
- § 38.2-1377. (Effective January 1, 2015) Reserve calculation; indeterminate premium plans
- § 38.2-1378. (Effective January 1, 2015) Minimum standard for accident and health insurance contracts
- § 38.2-1379. (Effective January 1, 2015) Valuation manual for policies issued on or after the operative date of the valuation manual
- § 38.2-1380. (Effective January 1, 2015) Requirements of a principle-based valuation
- § 38.2-1381. (Effective January 1, 2015) Experience reporting for policies in force on or after the operative date of the valuation manual
- § 38.2-1382. (Effective January 1, 2015) Confidentiality
- § 38.2-1383. (Effective January 1, 2015) Single state exemption
- § 38.2-1384. (Effective January 1, 2015) Assessment against insurers whose policies are valued
- § 38.2-1385. (Effective January 1, 2015) Article not applicable in certain cases
Article 1. GENERAL PROVISIONS
- § 38.2-1400. Scope and purpose of chapter
- § 38.2-1401. Definitions
- § 38.2-1402. Authority to invest; classification of investments by category
- § 38.2-1403. Category 2 investments limits
- § 38.2-1404. Classification of existing investments
- § 38.2-1405. Dates of determination
- § 38.2-1406. Investment conversions
- § 38.2-1407. Prohibited investments
- § 38.2-1408. Authorization of investments
- § 38.2-1409. Powers with respect to property
- § 38.2-1410. Items not deemed to be prior liens or encumbrances
- § 38.2-1411. Repealed
- § 38.2-1411.1. Investment limits generally
- § 38.2-1411.2. Investment limits in medium grade and lower grade obligations
Article 2. CATEGORY 1 INVESTMENTS
- § 38.2-1412. Scope of article
- § 38.2-1413. Investment limits for one obligor, one issue or one loan
- § 38.2-1414. Limits by type of investment
- § 38.2-1415. Obligations of domestic governmental entities
- § 38.2-1416. Canadian governmental obligations
- § 38.2-1417. Canadian corporate obligations
- § 38.2-1418. Obligations of certain international agencies
- § 38.2-1419. Railroad terminal and other securities
- § 38.2-1420. Transportation equipment trust certificates
- § 38.2-1421. Business entity obligations
- § 38.2-1422. Obligations secured by certain leases
- § 38.2-1423. Preferred stocks
- § 38.2-1424. Guaranteed stocks
- § 38.2-1425. Common stock of banks or trust companies
- § 38.2-1426. Application of earnings tests
- § 38.2-1427. Common stock; covered call options
- § 38.2-1427.1. Limited partnerships
- § 38.2-1427.2. Investment company shares and units of beneficial interest
- § 38.2-1427.3. Investment authority; subsidiary corporations
- § 38.2-1428. Derivative instruments
- § 38.2-1429. Lending of securities
- § 38.2-1430. Collateral loans
- § 38.2-1431. Policy loans
- § 38.2-1432. Savings, certificates, etc
- § 38.2-1433. Foreign securities
- § 38.2-1434. Mortgage loans
- § 38.2-1435. Second mortgages; wrap-around mortgages
- § 38.2-1436. Mortgage participations
- § 38.2-1437. Limitations on mortgages
- § 38.2-1437.1. Mortgage pass-through securities
- § 38.2-1438. Renewals and extensions when value of property decreases
- § 38.2-1439. Chattel mortgages
- § 38.2-1440. Investment in personal property
- § 38.2-1441. Real estate
- § 38.2-1442. Guaranty association obligations
Article 3. SEPARATE ACCOUNTS
- § 38.2-1443. Investment of amounts allocated to separate accounts for variable life insurance and variable annuities
- § 38.2-1443.1. Investment of amounts allocated to separate accounts for modified guaranteed life insurance, modified guaranteed annuities, and funding agreements
- § 38.2-1444. Establishment of separate accounts for pension, retirement or profit-sharing plans; investment of funds in such accounts
- § 38.2-1445. Separate accounts deemed Category 1 investments
Article 4. ASSET PROTECTION ACT
Chapter 15. REHABILITATION AND LIQUIDATION OF INSURERS- § 38.2-1500. Scope of chapter
- § 38.2-1501. Definitions
- § 38.2-1502. Jurisdiction and procedure
- § 38.2-1503. Grounds for delinquency proceedings commenced by Commission against domestic insurer
- § 38.2-1504. Requirements when proceedings instituted by any person other than Commission
- § 38.2-1505. Commission may apply for receiver and for other relief; what orders court may enter
- § 38.2-1506. Requirements when receiver appointed; disbursement of available assets to association, etc
- § 38.2-1507. Further procedure; injunction may be issued
- § 38.2-1508. Powers of Commission when authorized to rehabilitate or liquidate companies
- § 38.2-1509. Powers of Commission when authorized to rehabilitate or liquidate insurers by court order; disbursement of available assets to an association, etc
- § 38.2-1510. Commission may appoint assistants in connection with rehabilitation or liquidation
- § 38.2-1511. Borrowing on pledge of assets
- § 38.2-1512. Rights and liabilities fixed upon liquidation
- § 38.2-1513. Voidable transfers
- § 38.2-1514. Priority of claims for wages
- § 38.2-1515. Mutual debts or credits, how treated
- § 38.2-1516. Receivers to file reports, etc., with Commission
- § 38.2-1517. What included in annual report of Commission
- § 38.2-1518. Rehabilitation or mutualization of companies
- § 38.2-1519. Termination of rehabilitation; when liquidation may be entered
- § 38.2-1520. Liquidation of alien insurers
- § 38.2-1521. Conservation of assets of foreign or alien insurer; when liquidation may be entered
- § 38.2-1522. Qualified financial contracts
Article 1. ESTABLISHMENT AND OPERATION OF THE ASSOCIATION
- § 38.2-1600. Purpose
- § 38.2-1601. Application
- § 38.2-1602. Liberal construction
- § 38.2-1603. Definitions
- § 38.2-1604. Association created; members; divided into three accounts
- § 38.2-1605. Board of directors
- § 38.2-1606. Duties and powers of Association
- § 38.2-1607. Plan of operation
- § 38.2-1608. Duties and powers of Commission; judicial review
- § 38.2-1609. Insured's rights and liabilities; settlements binding on receiver or liquidator; priority of claims; statements to be filed with receiver or liquidator
- § 38.2-1610. Exhaustion of remedies under policy; claims recoverable from more than one association
- § 38.2-1611. Aids in detection and prevention of insurer insolvencies
- § 38.2-1611.1. Tax write-offs of certificates of contribution
- § 38.2-1612. Examination and regulation of Association by Commission; annual financial report
- § 38.2-1613. Exemption from payment of fees and taxes
- § 38.2-1614. Repealed
- § 38.2-1615. No liability for action taken in good faith
- § 38.2-1616. Stay of proceedings against insolvent insurer; setting aside judgment, etc.; access to records
- § 38.2-1617. Termination of operation of Association; expiration of chapter
Article 2. ADDITIONAL FUNDS PAID TO ASSOCIATION
- § 38.2-1618. Purpose and applicability of article
- § 38.2-1619. Safety fund
- § 38.2-1620. Financing the safety fund, maximum amount, distribution of excess
- § 38.2-1621. Investment of safety fund
- § 38.2-1622. Use of safety fund, repayment, etc
- § 38.2-1623. Association as a fiduciary
Article 1. ESTABLISHMENT AND OPERATION OF THE ASSOCIATION
- § 38.2-1700. Purpose and applicability of chapter
- § 38.2-1701. Definitions
- § 38.2-1702. Association; creation; memberships; accounts; supervision
- § 38.2-1703. Board of directors of Association
- § 38.2-1704. Powers and duties of Association
- § 38.2-1705. Assessments
- § 38.2-1706. Plan of operation
- § 38.2-1707. Duties and powers of the Commission
- § 38.2-1708. Detection and prevention of insolvencies
- § 38.2-1709. Tax write-offs of certificates of contributions
- § 38.2-1710. Miscellaneous provisions
- § 38.2-1711. Examination of the Association; annual report
- § 38.2-1712. Tax exemptions
- § 38.2-1713. Immunity
- § 38.2-1714. Stay of proceedings; reopening default judgments
- § 38.2-1715. Prohibited advertisement of Association coverage in insurance sales; notice to policy owners
Article 2. ADDITIONAL FUNDS PAID TO THE ASSOCIATION
- § 38.2-1716. Purpose and applicability of article
- § 38.2-1717. Safety fund
- § 38.2-1718. Financing the safety fund, maximum amount, distribution of excess
- § 38.2-1719. Investment of safety fund
- § 38.2-1720. Use of safety fund, repayment, etc
- § 38.2-1721. Association as a fiduciary
Article 1. DEFINITIONS AND GENERAL PROVISIONS
- § 38.2-1800. Definitions
- § 38.2-1800.1. Proof of residency
- § 38.2-1801. Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency relationship
- § 38.2-1802. Acting as agent for unlicensed insurer prohibited; penalties
- § 38.2-1803. Repealed
- § 38.2-1804. Blank forms
- § 38.2-1805. Acceptance by insurance agents of premiums in arrears; how advance premiums recorded
- § 38.2-1806. Interest with respect to credit extended or money lent for premiums on certain policies
- § 38.2-1807. Sale of accident airtrip insurance by means of vending machines
- § 38.2-1808. All agreements to be expressed in contract
- § 38.2-1809. Power of Commission to investigate affairs of persons engaged in insurance business; penalties for refusal to permit investigation
- § 38.2-1810. Report of acts deemed larceny under § 18.2-111; privileged communications; attorney for the Commonwealth to be informed
- § 38.2-1811. Repealed
- § 38.2-1812. Payment and sharing of commissions
- § 38.2-1812.1. Placement of insurance for public bodies
- § 38.2-1812.2. Administrative charges in excess of premium prohibited; exceptions
- § 38.2-1813. Reporting and accounting for premiums
Article 2. QUALIFICATION OF PROPERTY AND CASUALTY INSURANCE AGENTS, PERSONAL LINES AGENTS, TITLE INSURANCE AGENTS, LIFE AND ANNUITIES AGENTS, AND HEALTH AGENTS.
- § 38.2-1814. License required of resident property and casualty insurance agent and resident personal lines agent
- § 38.2-1814.1. License required of resident title insurance agent
- § 38.2-1815. License required of resident life and annuities agent
- § 38.2-1815.1. License required of resident health agent
- § 38.2-1816. Repealed
- § 38.2-1817. Examination for license; fee required; when fee forfeited
- § 38.2-1818. Individual moving from another state or Canadian province
Article 3. LICENSING AND APPOINTMENT OF AGENTS.
- § 38.2-1819. Application for license; fee required
- § 38.2-1820. Issuance of license
- § 38.2-1821. Revocation, etc., of license revokes appointment
- § 38.2-1821.1. Exceptions to licensing
- § 38.2-1822. License required of individual and business entity agents; individual acting for business entity licensee
- § 38.2-1823. Penalty for acting for insurer, joint underwriting association, etc., when not licensed
- § 38.2-1824. Kinds of agents' licenses and appointments issued
- § 38.2-1825. Duration and termination of licenses and appointments
- § 38.2-1826. Requirement to report to Commission
- § 38.2-1827. Appointment may include one or more classes of insurance
- § 38.2-1828. Selling accident and sickness insurance
- § 38.2-1829. Repealed
- § 38.2-1830. Temporary licenses and appointments; when issued
- § 38.2-1831. Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license
- § 38.2-1832. Refusal to issue and revocation of license; hearing; new application
- § 38.2-1833. Appointments of agents
- § 38.2-1834. Duration of appointment; annual renewal of agent's appointment
- § 38.2-1834.1. Notification to Commission of termination; notice to agent; immunities; confidentiality; penalties
- § 38.2-1835. Failure to appoint
- § 38.2-1836. Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
- § 38.2-1836.1. Authority of Commission to delegate certain functions
Article 4. LICENSING OF INSURANCE CONSULTANTS
- § 38.2-1837. Definitions
- § 38.2-1838. License required of consultants
- § 38.2-1839. Contract required; placement of insurance for public bodies
- § 38.2-1840. Annual renewal application and fee
- § 38.2-1841. Termination, suspension or revocation of license
- § 38.2-1842. Requirement to report to Commission
- § 38.2-1843. Grounds for placing on probation, refusal to issue or renew, revocation or suspension of license
- § 38.2-1844. Refusal to issue and revocation of license; hearing; new application
- § 38.2-1845. Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
Article 4.1. LICENSING OF PUBLIC ADJUSTERS.
- § 38.2-1845.1. Definitions
- § 38.2-1845.2. License required of resident public adjusters
- § 38.2-1845.3. Exemptions from article
- § 38.2-1845.4. Examinations
- § 38.2-1845.5. Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
- § 38.2-1845.6. Individual moving into the Commonwealth from another state or Canadian province
- § 38.2-1845.7. Refusal to issue; hearing; new application
- § 38.2-1845.8. Renewal application and fee
- § 38.2-1845.9. Continuing education; approval of credits; failure to satisfy requirements; termination of license
- § 38.2-1845.10. Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license
- § 38.2-1845.11. Termination, suspension, or revocation of license
- § 38.2-1845.12. Standards of conduct for public adjusters
- § 38.2-1845.13. Contract between public adjuster and insured
- § 38.2-1845.14. Fees
- § 38.2-1845.15. Record retention
- § 38.2-1845.16. Escrow or trust accounts
- § 38.2-1845.17. Requirement to report to Commission
- § 38.2-1845.18. Information security program
- § 38.2-1845.19. What laws applicable; rulemaking authority
- § 38.2-1845.20. Immunities; confidentiality
- § 38.2-1845.21. Authority of Commission to delegate certain functions
- § 38.2-1845.22. Power of Commission to investigate affairs of persons engaged in the business of public adjusting; penalties for refusal to permit investigation
- § 38.2-1845.23. False information and advertising generally
Article 5. LICENSING OF REINSURANCE INTERMEDIARIES
Article 5.1. LICENSING OF SURPLUS LINES BROKERS
- § 38.2-1857.1. Property and casualty insurance agents may be licensed as surplus lines brokers for certain insurance from unlicensed insurers
- § 38.2-1857.2. Applications for surplus lines brokers' licenses
- § 38.2-1857.3. Fees for surplus lines brokers' licenses
- § 38.2-1857.4. Term of licenses; renewal
- § 38.2-1857.5. Requirement to report to Commission
- § 38.2-1857.6. Accepting and placing surplus lines business
- § 38.2-1857.7. Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license
- § 38.2-1857.8. Refusal to issue and revocation of license; hearing; new application
- § 38.2-1857.9. Licensing nonresidents; clerk of the Commission to be appointed agent for service of process; reciprocal agreements with other states and Canadian provinces
Article 6. LICENSING OF MANAGING GENERAL AGENTS.
Article 6.1. LICENSING OF VIATICAL SETTLEMENT BROKERS
- § 38.2-1865.1. License required for viatical settlement brokers; Commission's authority; conditions
- § 38.2-1865.2. Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license
- § 38.2-1865.3. Refusal to issue and revocation of license; hearing; new application
- § 38.2-1865.4. Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
- § 38.2-1865.5. Requirement to report to Commission
Article 6.2. LICENSING OF SURETY BAIL BONDSMEN
Article 7. CONTINUING EDUCATION
- § 38.2-1866. Continuing education requirements
- § 38.2-1867. Insurance continuing education board; approval of credits
- § 38.2-1868. Repealed
- § 38.2-1868.1. Proof of compliance; exemption or waiver
- § 38.2-1869. Failure to satisfy requirements; termination of license
- § 38.2-1870. Waiver of continuing education requirements
- § 38.2-1871. Licensees exempt from continuing education requirements of article
- § 38.2-1872. Administrative duties of Board; transfer to outside administrator
- § 38.2-1873. Continuing insurance education fees
- § 38.2-1874. Continuing education program; plan of operation; approval by Commission
Article 8. PORTABLE ELECTRONICS INSURANCE.
- § 38.2-1875. Definitions
- § 38.2-1876. Licensure of vendors
- § 38.2-1877. Requirements for sale of portable electronics insurance
- § 38.2-1878. Authority of vendors of portable electronics
- § 38.2-1879. Suspension or revocation of license
- § 38.2-1880. What laws applicable; rulemaking authority
Article 8.1. SELF STORAGE INSURANCE
- § 38.2-1881. Definitions
- § 38.2-1882. Licensure of lessors
- § 38.2-1883. Requirements for sale of self storage insurance
- § 38.2-1884. Authority of lessors of self storage units
- § 38.2-1885. Suspension or revocation of license
- § 38.2-1886. What laws applicable; rulemaking authority
Article 9. TRAVEL INSURANCE
- § 38.2-1887. Definitions
- § 38.2-1888. Requirements for sale of travel insurance
- § 38.2-1889. Suspension, revocation, or termination of license
- § 38.2-1890. What laws applicable; rulemaking authority
- § 38.2-1900. Purposes of chapter
- § 38.2-1901. Definitions
- § 38.2-1902. Scope of chapter
- § 38.2-1903. Exemptions
- § 38.2-1903.1. Exemptions of large commercial risks
- § 38.2-1904. Rate standards
- § 38.2-1905. Motor vehicle insurer not to charge points or increase premiums in certain instances
- § 38.2-1905.1. Repealed
- § 38.2-1906. Filing and use of rates
- § 38.2-1906.1. Misquote of premium
- § 38.2-1907. Filings open to inspection
- § 38.2-1908. Rate making and delegation of filing obligation
- § 38.2-1909. Review of rates by Commission
- § 38.2-1910. Disapproval of rates
- § 38.2-1911. Special restrictions on individual insurers
- § 38.2-1912. Delayed effect of rates; certification of reinsurance with affiliated company
- § 38.2-1912.1. Approval of prospective loss costs and supplementary rate information; § 38.2-119 rate filings
- § 38.2-1913. Operation and control of rate service organizations
- § 38.2-1914. Licensing of rate service organizations
- § 38.2-1915. Joint underwriting or joint reinsurance organizations
- § 38.2-1916. Certain conduct by insurers and rate service organizations prohibited
- § 38.2-1916.1. Investigation by Attorney General of suspected violations; investigative demand to witnesses; access to business records, etc.; penalties
- § 38.2-1916.2. Penalties; injunctive relief; restitution
- § 38.2-1917. Injunctive relief
- § 38.2-1918. Agreements for equitable apportionment of insurance
- § 38.2-1919. Collection of experience data; uniformity; compilations available to insurers and rate service organizations
- § 38.2-1919.1. Interchange of rating data and information
- § 38.2-1920. Excess rate for a specific risk
- § 38.2-1921. Combination policies
- § 38.2-1921.1. Professional employer organization workers' compensation rating
- § 38.2-1922. No rule prohibiting or regulating payment of dividends, etc., to be adopted
- § 38.2-1923. Person aggrieved by application of rating system to be heard; appeal to Commission
- § 38.2-1924. Cooperation among rate service organizations, or among rate service organizations and insurers, authorized; review by Commission
- § 38.2-1925. Examination of rate service organizations and joint underwriting and joint reinsurance organizations
- § 38.2-1926. Action of Commission upon request for hearing on order or decision made without a hearing
- § 38.2-1927. Withholding information; giving false or misleading information
- § 38.2-1928. Violations of chapter
Article 1. GENERAL PROVISIONS
- § 38.2-2000. Purposes of chapter
- § 38.2-2000.1. Definitions
- § 38.2-2001. Insurance to which chapter applies
- § 38.2-2002. Joint underwriting and joint reinsurance
- § 38.2-2002.1. Residual market mechanism; reinsurance pool
Article 2. RATE FILINGS AND MAKING OF RATES
- § 38.2-2003. Rate filings by insurer; supporting information
- § 38.2-2004. Filings by rate service organization
- § 38.2-2005. Provisions governing making of rates
- § 38.2-2006. Approval by Commission prerequisite to use of filing
- § 38.2-2006.1. Approval by the Commission for credit property and credit involuntary unemployment insurance rates
- § 38.2-2007. Commission to determine if notice of filing to be published; hearing; approval or disapproval
- § 38.2-2008. Review of rates by Commission
- § 38.2-2009. Repealed
- § 38.2-2010. Suspension or modification of requirement for filing
- § 38.2-2011. Interchange of rating data and information
- § 38.2-2012. Collection of experience data; uniformity; compilations available to insurers and rate service organizations
- § 38.2-2013. Excess rate for specific risk
- § 38.2-2014. Contract or policy to accord with filings
- § 38.2-2015. Agreements for equitable apportionment of insurance; reasonable performance standards; Virginia Workers' Compensation Insurance Plan
- § 38.2-2016. Information regarding rates to be furnished insured
- § 38.2-2017. No rule prohibiting or regulating payment of dividends, etc., to be adopted
- § 38.2-2018. Person aggrieved by application of rating system to be heard; appeal to Commission
- § 38.2-2019. Cooperation among rate service organizations, or among rate service organizations and insurers, authorized; review by Commission
- § 38.2-2020. Rate service organization may procure actuarial, technical or other services
- § 38.2-2021. Examination of policies or other evidences of insurance
Article 3. ADVISORY ORGANIZATIONS
- § 38.2-2022. Advisory organizations defined
- § 38.2-2023. What to be filed with Commission by advisory organization
- § 38.2-2024. Unfair acts or practices of advisory organization
- § 38.2-2025. Statistics or recommendations by advisory organization not complying with this article or order of Commission
Article 4. HEARINGS, OFFENSES AND PENALTIES
- § 38.2-2026. Action of Commission upon request for hearing on order or decision made without a hearing
- § 38.2-2027. Withholding information; giving false or misleading information
- § 38.2-2100. Application of chapter
- § 38.2-2101. Policies shall conform to provisions of this chapter
- § 38.2-2102. Excluding loss or damage caused by nuclear reaction, nuclear radiation, or radioactive contamination
- § 38.2-2103. Information to be printed on policy
- § 38.2-2104. Standard insuring agreement for fire insurance policies
- § 38.2-2105. Standard provisions, conditions, stipulations and agreements for such policies
- § 38.2-2106. Standard form for execution of policies
- § 38.2-2107. Commission may establish guidelines for filing readable fire insurance policy forms
- § 38.2-2108. Standards for content of fire insurance policies
- § 38.2-2109. Execution of policies
- § 38.2-2110. Other matter permitted in the policy
- § 38.2-2111. Special regulations to be added to policy
- § 38.2-2112. Temporary insurance contracts; duration; what deemed to include
- § 38.2-2113. Mailing or electronic delivery of notice of cancellation or refusal to renew
- § 38.2-2114. Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability
- § 38.2-2114.1. Powers of Commission; replacement policies
- § 38.2-2115. Discrimination in issuance of fire insurance
- § 38.2-2116. Policies issued by two or more insurers
- § 38.2-2117. Approval of forms or provisions for additional coverage
- § 38.2-2118. Required statement on insurance policies for owner-occupied dwellings
- § 38.2-2119. Approval of forms or provisions for certain risks
- § 38.2-2120. Optional coverage to be offered with homeowner's policy
- § 38.2-2121. When courts may appoint umpires
- § 38.2-2122. Appraisers and umpire to be citizens of Virginia; oath to be taken
- § 38.2-2123. Chapter not applicable to certain mutual insurers
- § 38.2-2124. Optional coverage to be offered with fire insurance policy
- § 38.2-2125. Notice regarding flood exclusion
- § 38.2-2126. Insurance credit score disclosure; use of credit information
- § 38.2-2127. Notice of change in deductible
- § 38.2-2128. Certain exclusions permitted
- § 38.2-2129. Notice regarding earthquake exclusion
- § 38.2-2130. Coverage for volunteer fire department costs
- § 38.2-2200. Required provisions as to insolvency or bankruptcy, and as to when action maintained against insurer
- § 38.2-2201. Provisions for payment of medical expense and loss of income benefits; assignment of certain benefits
- § 38.2-2202. Required notice of optional coverage available
- § 38.2-2203. Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians
- § 38.2-2204. Liability insurance on motor vehicles, aircraft and watercraft; standard provisions; "omnibus clause."
- § 38.2-2205. Liability insurance on motor vehicles; standard provisions; applicability of other valid and collectible insurance
- § 38.2-2205.1. Suspension of liability coverage at insured's request
- § 38.2-2206. Uninsured motorist insurance coverage
- § 38.2-2207. No policy to exclude coverage to employee
- § 38.2-2208. Notices of cancellation of or refusal to renew motor vehicle insurance policies
- § 38.2-2209. Motor vehicle liability medical benefit insurer not to retain right of subrogation to recover from third party
- § 38.2-2210. Warning concerning cancellation to appear on application for motor vehicle liability insurance; reason for cancellation or nonrenewal required on application
- § 38.2-2211. Motor vehicle liability insurer not to receive credit for other medical expense insurance
- § 38.2-2212. Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner
- § 38.2-2212.1. Powers of Commission; replacement policies
- § 38.2-2213. Discrimination in issuance of motor vehicle insurance
- § 38.2-2213.1. Certain action prohibited when motor vehicle owner fails to allow access to recorded data from recording device
- § 38.2-2214. Statement defining rate classifications to be provided by insurer to insured
- § 38.2-2215. Failure to issue or failure to renew motor vehicle liability insurance on the basis of a motor vehicle's age prohibited
- § 38.2-2216. Medical benefit offset against liability or uninsured motorist coverage prohibited
- § 38.2-2217. (Effective until January 1, 2015) Reduction in rates for certain persons who attend motor vehicle crash prevention courses and driver improvement clinics
- § 38.2-2217. (Effective January 1, 2015) Reduction in rates for certain persons who attend mature driver motor vehicle crash prevention courses and driver improvement clinics
- § 38.2-2217.1. Insurers required to renew motor vehicle liability coverage for vanpools; exceptions
- § 38.2-2218. Adoption of standard forms for motor vehicle insurance
- § 38.2-2219. Hearing on objections to the form
- § 38.2-2220. Use of form after adoption
- § 38.2-2221. Amendment of standard form
- § 38.2-2222. Withdrawal of form
- § 38.2-2223. Variations of, or additions to, form
- § 38.2-2224. Commission to establish guidelines for filing readable motor vehicle insurance policy forms
- § 38.2-2225. Sending copies of orders to companies affected
- § 38.2-2226. Insurer to give notice to claimant of intention to rely on certain defenses and of execution of nonwaiver of rights agreement
- § 38.2-2226.1. Insurer to give notice of settlement of claim
- § 38.2-2227. Aircraft liability policy not to deny coverage for violation of federal or civil regulations, etc.; permitted exclusions or conditions
- § 38.2-2228. Repealed
- § 38.2-2228.2. Certain medical malpractice claims to be reported to the Commission
- § 38.2-2229. Claims-made liability insurance
- § 38.2-2230. Mandatory offer of rental reimbursement coverage
- § 38.2-2231. Physical damage arbitration between insurers; alternate forums
- § 38.2-2232. Liability insurance on private pleasure watercraft; optional coverage
- § 38.2-2233. Installment payments of motor vehicle insurance
- § 38.2-2234. Insurance credit score disclosure; use of credit information
Chapter 24. FIDELITY AND SURETY INSURANCE
Article 1. GENERAL PROVISIONS
- § 38.2-2400. Class of insurance to which chapter applies
- § 38.2-2401. Fidelity and surety insurer defined
- § 38.2-2402. Fidelity and surety insurer not to transact insurance without appropriate license
- § 38.2-2403. Limitation of liability on risks
- § 38.2-2404. Limit when penalty of bond exceeds actual exposure to risk
- § 38.2-2405. When insurer accepted as surety
- § 38.2-2406. Requirements deemed met by insurer
- § 38.2-2407. Sureties with respect to guaranteed arrest bond certificates of automobile clubs and associations
- § 38.2-2408. Guaranteed arrest bond certificate to be accepted in lieu of cash bail in event of violation of motor vehicle laws
- § 38.2-2409. Agreement for joint control of money and assets
- § 38.2-2410. Expense of securing bond to be allowed in settlements; exceptions
- § 38.2-2411. Repealed
- § 38.2-2412. Notice to clerks of revocation of licenses
- § 38.2-2412.1. Notice to Department of Criminal Justice Services of revocation of property and casualty insurance license
- § 38.2-2412.2. Surety bail bondsman; notice to Department of Criminal Justice Services of violations
- § 38.2-2413. Release of insurers from liability; rights and remedies
- § 38.2-2414. Insurer estopped to deny power to assume liability
- § 38.2-2415. Where civil proceedings may be instituted
Article 2. POWER OF ATTORNEY TO EXECUTE BONDS
- § 38.2-2416. Power of attorney to be recorded or attached; filing with the Department of Criminal Justice Services
- § 38.2-2417. Continuance of power; revocation
- § 38.2-2418. Recordation of instrument of revocation
- § 38.2-2419. Notation of revocation; indexing
- § 38.2-2420. Bonds executed under power of attorney binding on insurer
Article 1. GENERAL PROVISIONS
- § 38.2-2500. Scope of chapter
- § 38.2-2501. Definitions
- § 38.2-2502. Mutual assessment insurance authorized
- § 38.2-2503. Classes of insurance that may be written by mutual assessment property and casualty insurers; minimum surplus to policyholders required
- § 38.2-2504. Property beyond authorized territory
- § 38.2-2505. Risks limited to those specified in this chapter; personal liability for loss
- § 38.2-2506. What laws applicable
- § 38.2-2507. Conversion of mutual assessment property and casualty insurers
Article 2. ORGANIZATION AND LICENSING OF INSURERS
- § 38.2-2508. Incorporation of insurers
- § 38.2-2509. Directors; terms; annual meetings; voting; executive committee
- § 38.2-2510. Officers
- § 38.2-2511. How license obtained
Article 3. MEMBERS
- § 38.2-2512. Who may become members
- § 38.2-2513. Withdrawal and exclusion of members
- § 38.2-2514. Procedure upon exclusion of member
- § 38.2-2515. Insurers to maintain membership of 100 or more; license suspended or revoked if membership not maintained; rehabilitation or liquidation
Article 4. INSURANCE TRANSACTIONS
- § 38.2-2516. Issuance of policies; bylaws as part of contract
- § 38.2-2517. Policy forms to be filed
- § 38.2-2518. Assessment contract
- § 38.2-2519. Classification of risks; rates
- § 38.2-2520. Right to limit assessment liability
- § 38.2-2521. Notice of assessment; how given
- § 38.2-2522. Action to recover assessments; penalty
- § 38.2-2523. Notice of loss and adjustment
- § 38.2-2524. Proceeding when loss or damage exceeds cash on hand
- § 38.2-2525. Agents licenses required
Article 5. FINANCIAL PROVISIONS
- § 38.2-2526. Surplus to policyholders
- § 38.2-2527. Limitation on single risk to be assumed
- § 38.2-2528. Reinsurance
- § 38.2-2529. Unearned premium reserves required
Article 1. HOME PROTECTION COMPANIES
- § 38.2-2600. Definitions
- § 38.2-2601. Exemptions
- § 38.2-2602. Limited applicability to certain insurers
- § 38.2-2603. License required; application; fee
- § 38.2-2604. Qualification for license; net worth; deposit of securities with State Treasurer
- § 38.2-2605. Expiration and renewal of license
- § 38.2-2606. Reserves required
- § 38.2-2607. Annual statements
- § 38.2-2608. Home protection contracts; filing; form and contents; application or agreement to purchase; regulation of rates and charges
- § 38.2-2609. Qualifications of agents
- § 38.2-2610. Cancellation of home protection contracts
- § 38.2-2611. Unfair discrimination
- § 38.2-2612. Unfair trade practices
- § 38.2-2613. Application of insurance laws
- § 38.2-2614. Fronting not permitted
- § 38.2-2615. Other insurance transactions prohibited
- § 38.2-2616. Binding arbitration provisions in contract
Article 2. HOME SERVICE CONTRACT PROVIDERS
- § 38.2-2617. Definitions
- § 38.2-2618. Exemptions
- § 38.2-2619. Requirements for doing business
- § 38.2-2620. Required disclosures regarding reimbursement insurance policies
- § 38.2-2621. Required disclosures regarding home service contracts
- § 38.2-2622. Financial statements
- § 38.2-2623. Prohibited acts
- § 38.2-2624. Examinations
- § 38.2-2625. Cancellation of reimbursement insurance policy
- § 38.2-2626. Obligation of reimbursement insurance policy insurers
- § 38.2-2627. Enforcement
- § 38.2-2628. Severability
- § 38.2-2700. Purposes of chapter
- § 38.2-2701. Definitions
- § 38.2-2702. Establishment of residual market facility
- § 38.2-2703. Rules, rates, policy forms and endorsements subject to the approval of Commission
- § 38.2-2704. Inspection of property
- § 38.2-2705. Operation of inspection service
- § 38.2-2706. Service of process
- § 38.2-2707. When Commission may order implementation of §§ 38.2-2708 and 38.2-2709
- § 38.2-2708. Creation and plan of operation of joint underwriting association
- § 38.2-2709. Ceding basic property insurance to association; participation of members; governing body
- § 38.2-2710. Supervision and regulation by Commission
- § 38.2-2711. Immunity from liability; reports, etc., not public documents
- § 38.2-2712. Appeal from decision of inspection service, residual market facility or joint underwriting association
- § 38.2-2713. Obligations not to be impaired in event of repeal of chapter
- § 38.2-2800. Definitions
- § 38.2-2801. Association activation; members; purpose; determinations by Commission; powers of association
- § 38.2-2802. Dissolution
- § 38.2-2803. Directors
- § 38.2-2804. Plan of operation
- § 38.2-2805. Medical and hospital advisory committees
- § 38.2-2806. Policy forms; applicants to be issued policies; cancellation of policies; rates; examination of business of association
- § 38.2-2807. Stabilization reserve fund
- § 38.2-2808. Participation in association by insurers
- § 38.2-2809. Review of actions or decisions of association
- § 38.2-2810. Annual statements
- § 38.2-2811. Examination into affairs of association
- § 38.2-2812. Public officers or employees
- § 38.2-2813. Commissions for placing and servicing risk with association
- § 38.2-2814. Liability
- § 38.2-2900. Definitions
- § 38.2-2900.1. Market assistance plan
- § 38.2-2901. Association activation; members; purpose; determinations by Commission; powers of Association
- § 38.2-2902. Dissolution
- § 38.2-2903. Directors
- § 38.2-2904. Plan of operation
- § 38.2-2905. Policy forms; applicants to be issued policies; cancellation of policies; rates; group retrospective rating plan; examination of business of Association
- § 38.2-2906. Stabilization reserve fund
- § 38.2-2907. Participation in Association by insurers
- § 38.2-2908. Review of actions or decisions of Association
- § 38.2-2909. Annual statements
- § 38.2-2910. Annual examination into affairs of Association
- § 38.2-2911. Public officers or employees
- § 38.2-2912. Commissions for placing and servicing risk with Association
- § 38.2-2913. Liability
- § 38.2-3000. Supervision and control of Fund by Commission; payments from Fund
- § 38.2-3001. Distribution to insurers; records of loss experience as prerequisite to payment
Article 1. GENERAL PROVISIONS
- § 38.2-3100. Scope of chapter
- § 38.2-3100.1. Forms of insurance authorized
- § 38.2-3100.2. Funding agreements
- § 38.2-3100.3. Requirements of life insurance or annuity contracts used to fund preneed funeral contracts
- § 38.2-3101. (Effective January 1, 2015) Legal reserve insurers
- § 38.2-3101. (Effective until January 1, 2015) Legal reserve insurers
- § 38.2-3102. Domestic insurers prohibited from insuring lives and persons of residents of "reciprocal states."
- § 38.2-3103. Fraudulent procurement of policy; penalty
- § 38.2-3104. No policy to be issued purporting to take effect more than six months before application made; conversion permitted
- § 38.2-3105. What contracts with respect to life insurance may be made by minors
- § 38.2-3106. Suicide and execution not grounds of defense; exception
- § 38.2-3107. Incontestability of certain policies
- § 38.2-3108. Misstatement of age
- § 38.2-3109. Contestability of reinstated policy
- § 38.2-3110. Incontestability not applicable to excluded or restricted coverage
- § 38.2-3111. Assignment of life insurance policies
- § 38.2-3112. Designation of testamentary trustee as beneficiary
- § 38.2-3113. Variable life insurance and variable annuities; separate accounts to be established; authority to issue; reports; special voting rights and procedures for owners
- § 38.2-3113.1. Modified guaranteed life insurance and modified guaranteed annuities; separate accounts; authority to issue; statements required; regulations to be issued; approval expenses
- § 38.2-3113.2. Qualified charitable gift annuities; issuance not business of insurance; disclosures to donors; unfair trade practices provisions not applicable
- § 38.2-3113.3. Educational loan provisions in life insurance policies
- § 38.2-3114. Statements required in variable life insurance and variable annuity contracts and certificates issued pursuant to group variable life insurance and group variable annuity contracts
- § 38.2-3115. Interest on life insurance and annuity contract proceeds
- § 38.2-3115.1. Accelerated payment of benefits
- § 38.2-3116. Commission to establish standards for simplified and readable life insurance and annuity policies
- § 38.2-3117. Standards for certain policies; prohibited policies
Article 1.1. USE OF RETAINED ASSET ACCOUNTS.
- § 38.2-3117.1. Definitions
- § 38.2-3117.2. Explanation of settlement options
- § 38.2-3117.3. Supplemental contract
- § 38.2-3117.4. Disclosures for retained asset accounts to beneficiaries
Article 2. PROCEEDS OF CERTAIN POLICIES
- § 38.2-3118. Spendthrift trusts created under life insurance policies
- § 38.2-3119. Limitation on § 38.2-3118
- § 38.2-3120. Repealed
- § 38.2-3121. Segregation of proceeds not required
- § 38.2-3122. Proceeds of policies payable to others free of claims against insured
- § 38.2-3123. Amount of proceeds limited in certain cases
- § 38.2-3124. Protection of insurers from creditor's claims
- § 38.2-3125. Other rights of beneficiaries and assignees protected
Article 3. RESERVES
- § 38.2-3126. (Repealed effective January 1, 2015) Annual valuation of reserves
- § 38.2-3127. (Repealed effective January 1, 2015) Acceptance of valuation of another state
- § 38.2-3127.1. (Repealed effective January 1, 2015) Actuarial opinion of reserves
- § 38.2-3128. (Repealed effective January 1, 2015) Decrease of standards higher than minimum
- § 38.2-3129. (Repealed effective January 1, 2015) Minimum valuation standard for policies issued prior to certain dates
- § 38.2-3130. (Repealed effective January 1, 2015) Minimum valuation standard of policies subsequently issued
- § 38.2-3131. (Repealed effective January 1, 2015) Minimum valuation standard for annuities subsequently issued
- § 38.2-3132. (Repealed effective January 1, 2015) Computation of minimum valuation standard of policies subsequently issued
- § 38.2-3133. (Repealed effective January 1, 2015) Calendar year statutory valuation interest rates
- § 38.2-3134. (Repealed effective January 1, 2015) Weighting factors
- § 38.2-3135. (Repealed effective January 1, 2015) Reference interest rate
- § 38.2-3136. (Repealed effective January 1, 2015) Alternative method for determining reference interest rates
- § 38.2-3137. (Repealed effective January 1, 2015) Reserve valuation method -- Life insurance and endowment benefits
- § 38.2-3138. (Repealed effective January 1, 2015) Same -- Annuity and pure endowment benefits
- § 38.2-3139. (Repealed effective January 1, 2015) Minimum reserves
- § 38.2-3140. (Repealed effective January 1, 2015) Optional reserve calculation
- § 38.2-3141. (Repealed effective January 1, 2015) Reserve calculation -- Valuation net premium exceeding the gross premium charge
- § 38.2-3142. (Repealed effective January 1, 2015) Same -- Indeterminate premium plans
- § 38.2-3143. (Repealed effective January 1, 2015) Assessment against insurers whose policies are valued
- § 38.2-3144. (Repealed effective January 1, 2015) Article not applicable in certain cases
- § 38.2-3200. Nonforfeiture benefits and cash surrender values in life policies issued prior to operative date stated in § 38.2-3214
- § 38.2-3201. Same; for industrial life policies
- § 38.2-3202. Standard nonforfeiture law; required policy provisions
- § 38.2-3203. Same; cash surrender value in case of default
- § 38.2-3204. Same; present value of paid-up nonforfeiture benefits on default
- § 38.2-3205. Same; calculation of adjusted premiums
- § 38.2-3206. Same; tables used for calculations
- § 38.2-3207. Same; use of new mortality table; ordinary policies
- § 38.2-3208. Same; industrial policies
- § 38.2-3209. (Effective until January 1, 2015) Same; adjusted premiums for policies
- § 38.2-3209. (Effective January 1, 2015) Same; adjusted premiums for policies
- § 38.2-3210. Same; life insurance providing future premium determination
- § 38.2-3211. Same; other factors in calculations
- § 38.2-3212. Same; policies issued on or after January 1, 1986
- § 38.2-3213. Same; exemptions from application of certain sections
- § 38.2-3214. Same; operative date
- § 38.2-3215. Same; operative date for § 38.2-3207
- § 38.2-3216. Same; operative date for § 38.2-3208
- § 38.2-3217. Loan provisions in policies issued prior to operative date stated in § 38.2-3214
- § 38.2-3218. Same; in policies subsequently issued
- § 38.2-3219. Applicability
- § 38.2-3220. Nonforfeiture requirements
- § 38.2-3221. Minimum values
- § 38.2-3222. Computation of present value
- § 38.2-3223. Calculation of cash surrender values
- § 38.2-3224. Calculation of paid-up annuity benefits
- § 38.2-3225. Maturity date
- § 38.2-3226. Disclosure of limited death benefits
- § 38.2-3227. Inclusion of lapse of time considerations
- § 38.2-3228. Proration of values; additional benefits
- § 38.2-3229. Effective date
Article 1. LIFE INSURANCE POLICIES; ANNUITIES
- § 38.2-3300. Requirements; exceptions
- § 38.2-3301. Ten-day right to examine policy
- § 38.2-3301.1. Delivery of individual life insurance policies
- § 38.2-3302. How premiums payable
- § 38.2-3303. Grace period
- § 38.2-3304. Policy constitutes entire contract; statements deemed representations
- § 38.2-3305. Incontestability
- § 38.2-3306. Misstatement of age
- § 38.2-3307. Participation in surplus
- § 38.2-3308. Policy loans
- § 38.2-3309. Nonforfeiture benefits and cash surrender values
- § 38.2-3310. Table of values and options
- § 38.2-3311. Reinstatement
- § 38.2-3312. Settlement
- § 38.2-3313. Table of installments
- § 38.2-3314. Title
- § 38.2-3315. Variations for certain forms of policies; providing more favorable terms
- § 38.2-3316. Provisions prohibited
- § 38.2-3317. Provisions required by other jurisdictions
Article 2. GROUP LIFE INSURANCE POLICIES
- § 38.2-3318. Repealed
- § 38.2-3318.1. Group life insurance requirements
- § 38.2-3319. Repealed
- § 38.2-3319.1. Limits of group life insurance
- § 38.2-3319.2. Review of records
- § 38.2-3320. Repealed
- § 38.2-3320.1. Policies issued outside of the Commonwealth of Virginia
- § 38.2-3321. Repealed
- § 38.2-3321.1. Requirements for those marketing group life insurance
- § 38.2-3322. Repealed
- § 38.2-3322.1. Regulations
- § 38.2-3322.2. Lives covered
- § 38.2-3323. Group life insurance coverages of spouses, dependent children, and other persons
- § 38.2-3324. Standard provisions required; exceptions
- § 38.2-3325. Grace period
- § 38.2-3326. Incontestability
- § 38.2-3327. Entire contract; statements deemed representations
- § 38.2-3328. Evidence of individual insurability
- § 38.2-3329. Misstatement of age
- § 38.2-3330. Payment of benefits
- § 38.2-3331. Individual certificates
- § 38.2-3332. Right to individual policy upon termination of employment or membership
- § 38.2-3333. Right to individual policy upon termination of group policy or elimination of class of insured persons
- § 38.2-3334. Death after termination of group insurance and before issuance of individual policy
- § 38.2-3335. Additional persons becoming eligible
- § 38.2-3336. Provisions required by other jurisdictions
- § 38.2-3337. Assignment
- § 38.2-3338. Provisions prohibited
- § 38.2-3339. Exemption of group life insurance policies from legal process
Article 3. INDUSTRIAL LIFE INSURANCE POLICIES
- § 38.2-3340. Definition of industrial life insurance
- § 38.2-3341. Standard provisions required
- § 38.2-3342. Ten-day right to examine policy
- § 38.2-3343. Grace period
- § 38.2-3344. Policy and application to constitute entire contract; statements deemed representations
- § 38.2-3345. Incontestability
- § 38.2-3346. Misstatement of age
- § 38.2-3347. Nonforfeiture benefits and cash surrender values
- § 38.2-3348. Reinstatement
- § 38.2-3349. Table of nonforfeiture options
- § 38.2-3350. Settlement
- § 38.2-3351. Title
- § 38.2-3352. Provisions not required in certain policies
- § 38.2-3353. Provisions required by other jurisdictions
- § 38.2-3354. Prohibited provisions
Article 1. GENERAL PROVISIONS
- § 38.2-3400. Application of chapter
- § 38.2-3401. Forms of insurance authorized
- § 38.2-3402. Certification to accompany application
- § 38.2-3403. Fraudulent procurement of policy
- § 38.2-3404. Commission may establish rules and regulations for simplified and readable accident and sickness insurance policies
- § 38.2-3405. Certain subrogation provisions and limitations upon recovery in hospital, medical, etc., policies forbidden; limitations on disclosure of medical treatment options prohibited
- § 38.2-3405.1. Commonwealth's right to certain accident and sickness benefits
- § 38.2-3406. Accident and sickness benefits not subject to legal process
- § 38.2-3406.1. Application of requirements that policies offered by small employers include state-mandated health benefits
- § 38.2-3406.2. Capped benefits under insurance policies and contracts
- § 38.2-3407. Health benefit programs
- § 38.2-3407.1. Interest on accident and sickness claim proceeds
- § 38.2-3407.2. Coverage for medical child support
- § 38.2-3407.3. Calculation of cost-sharing provisions
- § 38.2-3407.3:1. Premium payment arrearages; order of crediting payments
- § 38.2-3407.4. Explanation of benefits
- § 38.2-3407.4:1. Repealed
- § 38.2-3407.4:2. Requirements for prescription benefit cards
- § 38.2-3407.5. Denial of benefits for certain prescription drugs prohibited
- § 38.2-3407.5:1. Coverage for prescription contraceptives
- § 38.2-3407.6. Exclusion of podiatrist not permitted under certain circumstances
- § 38.2-3407.6:1. Denial of benefits for certain prescription drugs prohibited
- § 38.2-3407.7. Pharmacies; freedom of choice
- § 38.2-3407.8. Repealed
- § 38.2-3407.9. Reimbursement for ambulance services
- § 38.2-3407.9:01. Prescription drug formularies
- § 38.2-3407.9:02. Requirement for prescription drug coverage
- § 38.2-3407.9:03. Payment of clean claims to administrators of pharmacy benefits
- § 38.2-3407.10. Health care provider panels
- § 38.2-3407.11. Access to obstetrician-gynecologists
- § 38.2-3407.11:1. Access to specialists; standing referrals
- § 38.2-3407.11:2. Standing referral for cancer patients
- § 38.2-3407.11:3. Breast cancer underwriting and preexisting condition restrictions
- § 38.2-3407.12. Patient optional point-of-service benefit
- § 38.2-3407.13. Refusal to accept assignments prohibited; dentists and oral surgeons
- § 38.2-3407.13:1. Coordination of benefits; notice of priority of coverage
- § 38.2-3407.13:2. Claims paid to insureds for services from nonparticipating physicians
- § 38.2-3407.14. Notice of premium or deductible increases
- § 38.2-3407.15. Ethics and fairness in carrier business practices
- § 38.2-3407.15:1. Carrier contracts with pharmacy providers; required provisions; limit on termination or nonrenewal
- § 38.2-3407.16. Requirements for obstetrical care
- § 38.2-3407.17. Payment for services by dentists and oral surgeons
- § 38.2-3407.18. Requirements for orally administered cancer chemotherapy drugs
Article 2. MANDATED BENEFITS
- § 38.2-3408. Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians
- § 38.2-3409. Coverage of dependent children
- § 38.2-3410. Construction of policy generally; words "physician" and "doctor" to include dentist
- § 38.2-3411. Coverage of newborn children required
- § 38.2-3411.1. Coverage for child health supervision services
- § 38.2-3411.2. Coverage of adopted children required
- § 38.2-3411.3. Coverage for childhood immunizations
- § 38.2-3411.4. Coverage for infant hearing screening and related diagnostics
- § 38.2-3412. Repealed
- § 38.2-3412.1. Coverage for mental health and substance abuse services
- § 38.2-3412.1:01. Coverage for biologically based mental illness
- § 38.2-3413. Repealed
- § 38.2-3414. Optional coverage for obstetrical services
- § 38.2-3414.1. Obstetrical benefits; coverage for postpartum services
- § 38.2-3415. Exclusion or reduction of benefits for certain causes prohibited
- § 38.2-3416. Repealed
- § 38.2-3417. Deductibles and coinsurance options required
- § 38.2-3418. Coverage for victims of rape or incest
- § 38.2-3418.1. Coverage for mammograms
- § 38.2-3418.1:1. Repealed
- § 38.2-3418.1:2. Coverage for pap smears
- § 38.2-3418.2. Coverage of procedures involving bones and joints
- § 38.2-3418.3. Coverage for hemophilia and congenital bleeding disorders
- § 38.2-3418.4. Coverage for reconstructive breast surgery; notice; eligibility
- § 38.2-3418.5. Coverage for early intervention services
- § 38.2-3418.6. Minimum hospital stay for mastectomy and certain lymph node dissection patients
- § 38.2-3418.7. Coverage for PSA testing
- § 38.2-3418.7:1. Coverage for colorectal cancer screening
- § 38.2-3418.8. Coverage for clinical trials for treatment studies on cancer
- § 38.2-3418.9. Minimum hospital stay for hysterectomy
- § 38.2-3418.10. Coverage for diabetes
- § 38.2-3418.11. Coverage for hospice care
- § 38.2-3418.12. Coverage for hospitalization and anesthesia for dental procedures
- § 38.2-3418.13. Coverage for the treatment of morbid obesity
- § 38.2-3418.14. Coverage for lymphedema
- § 38.2-3418.15. Coverage for prosthetic devices and components
- § 38.2-3418.16. Coverage for telemedicine services
- § 38.2-3418.17. Coverage for autism spectrum disorder
- § 38.2-3419. Additional mandated coverage made optional to group policy or contract holder
- § 38.2-3419.1. Report of costs and utilization of mandated benefits
Article 3. JURISDICTION OVER PROVIDERS OF HEALTH CARE SERVICES
- § 38.2-3420. Authority and jurisdiction of Commission; exception
- § 38.2-3421. How to show jurisdiction of other state agency or federal government
- § 38.2-3422. Examination
- § 38.2-3423. When subject to this title
- § 38.2-3424. Disclosure of extent and elements of coverage
- § 38.2-3424.1. Applicability
Article 4. LIMITED MANDATED BENEFIT ACCIDENT AND SICKNESS INSURANCE POLICIES AND SUBSCRIPTION CONTRACTS
Article 4.1. INDIVIDUAL HEALTH INSURANCE COVERAGE
- § 38.2-3430.1. Application of article
- § 38.2-3430.1:1. Health insurance coverage not required
- § 38.2-3430.2. Definitions
- § 38.2-3430.3. Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage
- § 38.2-3430.3:1. Expired
- § 38.2-3430.4. Special rules for network plans
- § 38.2-3430.5. Application of financial capacity limits
- § 38.2-3430.6. Market requirements
- § 38.2-3430.7. Renewability of individual health insurance coverage
- § 38.2-3430.8. Certification of coverage
- § 38.2-3430.9. Regulations establishing standards
- § 38.2-3430.10. Effective date
Article 5. GROUP MARKET REFORMS AND INDIVIDUAL COVERAGE OFFERED TO EMPLOYEES OF SMALL EMPLOYERS
- § 38.2-3431. Application of article; definitions
- § 38.2-3432. Repealed
- § 38.2-3432.1. Renewability
- § 38.2-3432.2. Availability
- § 38.2-3432.3. Limitation on preexisting condition exclusion period
- § 38.2-3433. Repealed
- § 38.2-3434. Disclosure of information
- § 38.2-3435. Exclusions
- § 38.2-3436. Eligibility to enroll
- § 38.2-3437. Rules used to determine group size
Article 6. FEDERAL MARKET REFORMS.
- § 38.2-3438. Definitions
- § 38.2-3439. Dependent coverage for individuals to age 26
- § 38.2-3440. Lifetime and annual limits
- § 38.2-3441. Rescissions
- § 38.2-3442. Preventive services
- § 38.2-3443. Choice of a health care professional
- § 38.2-3444. Preexisting condition exclusions
- § 38.2-3445. Patient access to emergency services
- § 38.2-3446. Applicability of federal law
- § 38.2-3447. Restrictions relating to premium rates
- § 38.2-3448. Guaranteed availability
- § 38.2-3449. Prohibiting discrimination based on health status
- § 38.2-3450. Genetic information and testing
- § 38.2-3451. Essential health benefits
- § 38.2-3452. Waiting periods
- § 38.2-3453. Clinical trials
- § 38.2-3454. Wellness programs
Article 7. NAVIGATORS
- § 38.2-3455. Definitions
- § 38.2-3456. Prohibited activities
- § 38.2-3457. Application for registration
- § 38.2-3458. Power of Commission to investigate navigators
- § 38.2-3459. Grounds for termination, placing on probation, revocation, or suspension of registration
- § 38.2-3460. Sufficiency of federal requirements; additional standards and qualifications for navigators
Article 1. INDIVIDUAL ACCIDENT AND SICKNESS INSURANCE POLICIES
- § 38.2-3500. Form of policy
- § 38.2-3501. Policy forms; powers of Commission
- § 38.2-3502. Notice to be printed on policy; return of policy to insurer
- § 38.2-3503. Required accident and sickness policy provisions
- § 38.2-3504. Other provisions
- § 38.2-3505. Inapplicable or inconsistent provisions
- § 38.2-3506. Order of certain policy provisions
- § 38.2-3507. Third-party ownership
- § 38.2-3508. Requirements of other jurisdictions
- § 38.2-3509. Denial or reduction of benefits because of existence of other like insurance
- § 38.2-3510. Conforming to statute
- § 38.2-3511. Application
- § 38.2-3512. Notice; waiver
- § 38.2-3513. Age limit
- § 38.2-3514. When liability not to be denied because of preexisting disease, physical impairment or defect
- § 38.2-3514.1. Preexisting conditions provisions
- § 38.2-3514.2. Renewability of coverage
- § 38.2-3515. Required coverage on connecting or returning planes
Article 2. INDIVIDUAL ACCIDENT AND SICKNESS INSURANCE MINIMUM STANDARDS
- § 38.2-3516. Purpose
- § 38.2-3517. Definitions
- § 38.2-3518. Standards for policy provisions
- § 38.2-3519. Minimum standards for benefits
- § 38.2-3520. Coverage of preexisting conditions
Article 3. GROUP ACCIDENT AND SICKNESS INSURANCE POLICIES
- § 38.2-3521. Repealed
- § 38.2-3521.1. Group accident and sickness insurance definitions
- § 38.2-3521.2. Blanket accident and sickness insurance
- § 38.2-3522. Repealed
- § 38.2-3522.1. Limits of group accident and sickness insurance
- § 38.2-3523. Repealed
- § 38.2-3523.1. Review of records
- § 38.2-3523.2. Policies issued outside of the Commonwealth of Virginia
- § 38.2-3523.3. Requirements for those marketing group accident and sickness insurance
- § 38.2-3523.4. Minimum number of persons covered
- § 38.2-3524. Repealed
- § 38.2-3525. Group accident and sickness insurance coverages of spouses, dependent children or other persons
- § 38.2-3526. Standard provisions required; exceptions
- § 38.2-3527. Grace period
- § 38.2-3528. Incontestability
- § 38.2-3529. Entire contract; statements deemed representations
- § 38.2-3530. Evidence of individual insurability
- § 38.2-3531. Additional exclusions and limitations
- § 38.2-3532. Misstatement of age
- § 38.2-3533. Individual certificates
- § 38.2-3534. Notice of claim
- § 38.2-3535. Claim forms
- § 38.2-3536. Proofs of loss
- § 38.2-3537. Time of payment of claims
- § 38.2-3538. Payment of benefits
- § 38.2-3539. Physical examinations and autopsy
- § 38.2-3540. Legal actions
- § 38.2-3540.1. Claims experience
- § 38.2-3540.2. Employee wellness program
- § 38.2-3541. Continuation on termination of eligibility
- § 38.2-3541.1. Repealed
- § 38.2-3541.2. Enrollment following change in eligibility status under assistance programs
- § 38.2-3542. Notice to employees upon termination of coverage; penalty for failure to remit funds
- § 38.2-3543. Provisions required by other jurisdictions
- § 38.2-3543.1. Regulations
- § 38.2-3543.2. Applicability of laws
Article 4. INDUSTRIAL SICK BENEFIT INSURANCE
- § 38.2-3544. Definition of industrial sick benefit insurance
- § 38.2-3545. Further restrictions as to beneficiaries
- § 38.2-3546. Cancellation of sick benefit portion of policy
- § 38.2-3547. Excessive insurance; remedy
- § 38.2-3548. Agents subject to other insurance laws
- § 38.2-3549. Benefits not subject to legal process
- § 38.2-3550. Effective date
Article 5. SMALL EMPLOYER HEALTH INSURANCE POOLING
- § 38.2-3551. Definitions
- § 38.2-3552. Small employer health group cooperatives
- § 38.2-3553. Membership in a small employer health group cooperative
- § 38.2-3554. Provisions relating to health insurance issuers
- § 38.2-3555. Authority of the Commission
- § 38.2-3556. Definitions
- § 38.2-3557. Scope of chapter
- § 38.2-3558. Health carrier's internal appeal process
- § 38.2-3559. Notice of right to external review
- § 38.2-3560. Exhaustion of internal appeal process
- § 38.2-3561. Standard external review
- § 38.2-3562. Expedited external review
- § 38.2-3563. External review of experimental or investigational treatment adverse determinations
- § 38.2-3564. Binding nature of external review decision
- § 38.2-3565. Minimum qualifications for independent review organizations
- § 38.2-3566. Approval of independent review organizations
- § 38.2-3567. Independent review organizations to be held harmless
- § 38.2-3568. External review reporting requirements
- § 38.2-3569. Funding of external review
- § 38.2-3570. Disclosure requirements
- § 38.2-3571. Regulations
- § 38.2-3600. Medicare supplement policy; definition
- § 38.2-3601. Medicare supplement policies; minimum return for group policies generally
- § 38.2-3602. Repealed
- § 38.2-3603. Same; minimum return for individual policies
- § 38.2-3604. Free look notice required
- § 38.2-3605. Coverage of preexisting conditions; Medicare supplement policies
- § 38.2-3606. Outline of coverage
- § 38.2-3607. Group or individual Medicare supplement policies; minimum standards
- § 38.2-3608. Regulations establishing minimum standards
- § 38.2-3609. Insurer to file copy of advertisement with Commission
Chapter 37.1. CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE
- § 38.2-3717. Scope
- § 38.2-3718. Definitions
- § 38.2-3719. Forms of credit life insurance and credit accident and sickness insurance
- § 38.2-3720. Amount of credit life insurance and credit accident and sickness insurance
- § 38.2-3721. Term of credit life insurance and credit accident and sickness insurance
- § 38.2-3722. Variable interest rate indebtedness; amount; disclosure; refunds
- § 38.2-3723. (Effective January 1, 2015) Reserves
- § 38.2-3723. (Effective until January 1, 2015) Reserves
- § 38.2-3724. Policy provisions; disclosure to debtors; delivery of policy or certificate
- § 38.2-3725. Policy forms to be filed with Commission; approval or disapproval by Commission
- § 38.2-3726. Credit life insurance rates
- § 38.2-3727. Credit accident and sickness insurance rates
- § 38.2-3728. Use of rates
- § 38.2-3729. Refunds
- § 38.2-3730. Experience reports and adjustment of prima facie rates
- § 38.2-3731. Claims
- § 38.2-3732. Insurer delegation of duties
- § 38.2-3733. Portion of premium may be allowed to creditor; insurance may be provided and serviced at creditor's place of business
- § 38.2-3734. License requirements
- § 38.2-3735. Disclosure and readability
- § 38.2-3736. Noncontributory coverage
- § 38.2-3737. Application
- § 38.2-3738. What laws applicable
Article 1. GENERAL PROVISIONS
- § 38.2-3800. Scope of chapter
- § 38.2-3801. Cooperative nonprofit life benefit company defined
- § 38.2-3802. Continuation of existing companies
- § 38.2-3803. Licensing of additional companies prohibited
- § 38.2-3804. What laws applicable
- § 38.2-3805. General powers of company; limitation on increase in rates
- § 38.2-3806. Constitution and bylaws
- § 38.2-3807. Governing body; board of directors
- § 38.2-3808. Filing copies of constitution and bylaws
- § 38.2-3809. How a company may become legal reserve life insurer
- § 38.2-3810. Institutions maintainable; company a charitable institution
- § 38.2-3811. Benefits not subject to process
- § 38.2-3812. Tax on gross premium receipts
- § 38.2-3813. Suits against company
Article 2. RESERVES, POLICIES AND BENEFITS
- § 38.2-3814. Contracts in writing; fees
- § 38.2-3815. What benefits policies may provide
- § 38.2-3816. Policies companies may issue; reserves required; provisions concerning increase of rates and extra assessments
- § 38.2-3817. Paid-up insurance or extended term insurance
- § 38.2-3818. Officers and members not individually liable for payment
Article 1. GENERAL PROVISIONS
- § 38.2-3900. Scope of chapter
- § 38.2-3901. Definitions
- § 38.2-3902. Classes of insurance that may be written by mutual assessment life, accident and sickness insurers
- § 38.2-3903. What laws applicable
- § 38.2-3904. Conversion of mutual assessment life, accident and sickness insurers
Article 2. ORGANIZATION AND LICENSING OF COMPANIES
- § 38.2-3905. Incorporation of companies
- § 38.2-3906. Licensing of additional companies prohibited
- § 38.2-3907. Directors; terms; annual meetings; voting; executive committee
- § 38.2-3908. Officers
- § 38.2-3909. Inspection of books and papers
Article 3. POLICY PROVISIONS AND BENEFITS
- § 38.2-3910. Policy forms to be filed
- § 38.2-3911. Time limit on certain defenses
- § 38.2-3912. Incontestability of policies
- § 38.2-3913. Required grace periods
- § 38.2-3914. Policy to specify amount of payment and when to be paid
Article 4. INSURANCE TRANSACTIONS
- § 38.2-3915. Assessment contract
- § 38.2-3916. Classification of risks; rates
- § 38.2-3917. Right to limit assessment liability; when contingent assessment liability waived
- § 38.2-3918. Notice of assessment; how given
- § 38.2-3919. Agents' licenses required
Article 5. FINANCIAL PROVISIONS
- § 38.2-3920. Surplus to policyowners
- § 38.2-3921. Limitation on single risk to be assumed
- § 38.2-3922. Reinsurance
- § 38.2-3923. Reserves required
- § 38.2-4000. Societies to which chapter applies
- § 38.2-4001. Society may be incorporated
- § 38.2-4002. Continuation of existing societies
- § 38.2-4003. Licensing of additional societies prohibited
- § 38.2-4004. What laws applicable
- § 38.2-4005. License may be renewed annually
- § 38.2-4006. Annual meeting
- § 38.2-4007. Adoption of bylaws
- § 38.2-4008. Fidelity bond required
- § 38.2-4009. Inspection of books and papers
- § 38.2-4010. Accumulation of reserve for an emergency fund
- § 38.2-4011. Maintenance of reserve for an emergency fund
- § 38.2-4012. Disposition of reserve for an emergency fund; discontinuance of business; receiver
- § 38.2-4013. Certificates of membership
- § 38.2-4014. Required grace period
- § 38.2-4015. Certificate to specify amount of payment and when to be paid
- § 38.2-4016. Payments become liens on society's property
- § 38.2-4017. Notice of assessment
- § 38.2-4018. Liability on officers and directors for failing to levy assessments
- § 38.2-4019. Beneficiaries
- § 38.2-4020. When certificate invalid
- § 38.2-4021. Interest in benefits; assignability; liability to attachment, etc
- § 38.2-4022. Certain contracts with undertakers, etc., forbidden
Article 1. STRUCTURE AND PURPOSE
- § 38.2-4100. Fraternal benefit societies
- § 38.2-4101. Lodge system
- § 38.2-4102. Representative form of government
- § 38.2-4103. Definitions
- § 38.2-4104. Purposes and powers
Article 2. MEMBERSHIP
- § 38.2-4105. Qualifications for membership
- § 38.2-4106. Location of office; meetings, communications to members; grievance procedures
- § 38.2-4107. No personal liability
- § 38.2-4108. Waiver
Article 3. GOVERNANCE
- § 38.2-4109. Organization of domestic society on or after October 1, 1986
- § 38.2-4110. Incorporation of fraternal benefit societies
- § 38.2-4111. Amendments to laws
- § 38.2-4112. Institutions
- § 38.2-4113. Reinsurance
- § 38.2-4114. Consolidations and mergers
- § 38.2-4115. Conversion of fraternal benefit society into mutual life insurer
Article 4. CONTRACTUAL BENEFITS
- § 38.2-4116. Benefits
- § 38.2-4117. Beneficiaries
- § 38.2-4118. Benefits not attachable
- § 38.2-4119. The benefit contract
- § 38.2-4120. Nonforfeiture benefits, cash surrender values, certificate loans and other options
Article 5. FINANCIAL REQUIREMENTS
Article 6. REGULATION
- § 38.2-4123. (Effective until January 1, 2015) Exemptions
- § 38.2-4123. (Effective January 1, 2015) Exemptions
- § 38.2-4124. Taxation
- § 38.2-4125. Valuations
- § 38.2-4126. Reports to be filed
- § 38.2-4127. Annual license
- § 38.2-4128. Examination of societies; no adverse publications
- § 38.2-4129. Admission; foreign or alien society
- § 38.2-4130. Injunction; liquidation; receivership of domestic society
- § 38.2-4131. Suspension, revocation or refusal of license of foreign or alien society
- § 38.2-4132. Licensing of agents
- § 38.2-4133. Unfair methods of competition and unfair and deceptive acts and practices
- § 38.2-4134. Penalties
- § 38.2-4135. Exemption of certain societies
- § 38.2-4136. Societies previously existing; reincorporation; amendments
- § 38.2-4137. Exemption of member representatives of certain societies
Article 1. IN GENERAL
- § 38.2-4200. Applicability of chapter
- § 38.2-4201. Definitions
- § 38.2-4202. Hospital services plans
- § 38.2-4203. Medical or surgical services plans
- § 38.2-4204. Merger of nonstock corporations
- § 38.2-4204.1. Commission approval of mergers of nonstock corporations operating prepaid hospital, medical and surgical services plans
- § 38.2-4205. Dental and optometric services
- § 38.2-4206. Nonstock corporation required
- § 38.2-4207. Existing foreign nonstock corporation
- § 38.2-4208. Nonstock corporation not required to act as agent
- § 38.2-4209. Preferred provider subscription contracts
- § 38.2-4209.1. Pharmacies; freedom of choice
- § 38.2-4209.2. Repealed
- § 38.2-4210. Liability of participants
- § 38.2-4211. Change of participants
- § 38.2-4212. Board of directors of nonstock corporation operating plan
- § 38.2-4213. Liability of participating providers upon merger of nonstock corporation
- § 38.2-4214. Application of certain provisions of law
- § 38.2-4214.1. Rehabilitation, liquidation, conservation
- § 38.2-4215. Payments by nonstock corporation
- § 38.2-4216. Repealed
- § 38.2-4216.1. Repealed
- § 38.2-4217. Reports
- § 38.2-4218. Subscriber to have free choice of medical practitioners available
- § 38.2-4219. Subscriber to be advised in writing as to benefits and limitations thereon
- § 38.2-4220. Interplan arrangements
- § 38.2-4221. Services of certain practitioners other than physicians to be covered
- § 38.2-4222. Licensing of nonstock corporations
- § 38.2-4223. Renewal of license
- § 38.2-4224. Licensing of agents
- § 38.2-4225. Repealed
- § 38.2-4226. Taxation
- § 38.2-4227. Misleading applications or contracts
- § 38.2-4228. Controversies involving subscription contracts
- § 38.2-4229. Reinsurance
- § 38.2-4229.1. Conversion to domestic mutual insurer
- § 38.2-4229.2. Hearings and investigations on effect of other state's law
Article 2. HOLDING COMPANIES
- § 38.2-4230. Definitions
- § 38.2-4231. Registration of nonstock corporations that are members of holding company system
- § 38.2-4232. Standards for transactions with affiliates; adequacy of surplus; dividends and other distributions
- § 38.2-4233. Commission approval required for certain transactions
- § 38.2-4234. Examinations
- § 38.2-4235. Confidential treatment of information and documents
- § 38.2-4300. Definitions
- § 38.2-4301. Establishment of health maintenance organizations
- § 38.2-4302. Issuance of license; fee; minimum net worth; impairment
- § 38.2-4303. Powers
- § 38.2-4304. Governing body
- § 38.2-4305. Fiduciary responsibilities
- § 38.2-4306. Evidence of coverage and charges for health care services
- § 38.2-4306.1. Interest on claim proceeds
- § 38.2-4307. Annual statement
- § 38.2-4307.1. Additional reports
- § 38.2-4308. Repealed
- § 38.2-4309. Investments
- § 38.2-4310. Protection against insolvency
- § 38.2-4310.1. Deposits
- § 38.2-4311. Repealed
- § 38.2-4312. Prohibited practices
- § 38.2-4312.1. Pharmacies; freedom of choice
- § 38.2-4312.2. Repealed
- § 38.2-4312.3. Patient access to emergency services
- § 38.2-4313. Licensing of agents
- § 38.2-4314. Powers of insurers and health services plans
- § 38.2-4315. Examinations
- § 38.2-4316. Suspension or revocation of license
- § 38.2-4317. Rehabilitation, liquidation, or conservation
- § 38.2-4317.1. Insolvency deposit assessment
- § 38.2-4318. License renewals
- § 38.2-4319. (Effective January 1, 2015) Statutory construction and relationship to other laws
- § 38.2-4319. (Effective until January 1, 2015) Statutory construction and relationship to other laws
- § 38.2-4320. Authority of Commonwealth to contract with health maintenance organizations
- § 38.2-4320.1. Explanation of benefits for health maintenance organization enrollees who are recipients of medical assistance services or covered by the Family Access to Medical Insurance Security (FAMIS) Plan
- § 38.2-4321. Health maintenance organization affected by chapter
- § 38.2-4322. Affiliation period
- § 38.2-4323. Alternative methods
- § 38.2-4400. Definitions
- § 38.2-4401. Certain contracts, etc., not deemed plans
- § 38.2-4402. Repealed
- § 38.2-4402.1. Corporate organization required
- § 38.2-4403. The Virginia State Bar may sponsor plans
- § 38.2-4404. Liability of participating providers
- § 38.2-4405. Change of participating providers
- § 38.2-4406. Board of directors of corporation operating plan
- § 38.2-4407. Board of directors of plan created by attorneys
- § 38.2-4408. Application of certain provisions
- § 38.2-4408.1. Rehabilitation, liquidation, conservation
- § 38.2-4409. Payments under plan
- § 38.2-4410. Quarterly reports
- § 38.2-4411. Subscriber to have free choice of participating providers available
- § 38.2-4412. Subscriber to be advised in writing as to benefits and limitations thereon
- § 38.2-4413. Licensing of organization
- § 38.2-4414. Renewal of organization license
- § 38.2-4415. Repealed
- § 38.2-4416. Taxation
- § 38.2-4417. Misleading applications or contracts
- § 38.2-4418. Controversies involving subscription contracts
- § 38.2-4500. Applicability of chapter
- § 38.2-4501. Definitions
- § 38.2-4502. Dental services plans
- § 38.2-4503. Optometric services plans
- § 38.2-4504. Nonstock corporation required
- § 38.2-4505. Liability of participants
- § 38.2-4506. Terms of participation
- § 38.2-4507. Change of participants
- § 38.2-4508. Board of directors of nonstock corporation
- § 38.2-4509. Application of certain laws
- § 38.2-4509.1. Rehabilitation, liquidation, conservation
- § 38.2-4510. Quarterly reports
- § 38.2-4511. Corporation's contracts with participating dentists or optometrists
- § 38.2-4512. Contracts between participating dentists or optometrists and subscribers
- § 38.2-4513. Subscriber to have free choice of practitioners available
- § 38.2-4514. Subscriber to be advised in writing as to benefits and limitations thereon
- § 38.2-4515. Geographical area
- § 38.2-4516. Interplan arrangements
- § 38.2-4517. Licensing of nonstock corporation
- § 38.2-4518. Renewal of nonstock corporation license
- § 38.2-4519. Licensing of agents
- § 38.2-4520. Corporate restrictions
- § 38.2-4521. Taxation
- § 38.2-4522. Misleading applications or contracts
- § 38.2-4523. Controversies involving subscription contracts
- § 38.2-4600. Class of insurance and insurance companies to which chapter applies
- § 38.2-4601. Title insurance company defined
- § 38.2-4601.1. Title insurance agency or agent defined
- § 38.2-4602. What laws applicable
- § 38.2-4603. What companies may transact title insurance
- § 38.2-4604. Investment in plant and equipment
- § 38.2-4605. Interim binders
- § 38.2-4606. Forms to be filed with Commission
- § 38.2-4607. Maximum risk
- § 38.2-4608. Title insurance rates
- § 38.2-4609. Loss or claim reserves
- § 38.2-4610. Repealed
- § 38.2-4610.1. Unearned premium reserve
- § 38.2-4610.1:1. Unearned premium reserves of foreign title insurance companies
- § 38.2-4610.2. Loss reserves
- § 38.2-4611. Repealed
- § 38.2-4613. Unearned premium reserve to be held and administered for benefit of policyholders
- § 38.2-4614. Prohibition against payment or receipt of title insurance kickbacks, rebates, commissions and other payments; penalty
- § 38.2-4615. Exchange of information
- § 38.2-4616. Notification to buyers of the availability of owner's title insurance
- § 38.2-4700. What persons deemed insurance premium finance companies
- § 38.2-4701. License required; application; fee
- § 38.2-4702. Investigation of applicant; issuance of license
- § 38.2-4703. Renewal of license
- § 38.2-4704. Suspension, revocation or failure to renew license; imposition of penalty
- § 38.2-4705. Maximum interest rate and maximum service charge on premium finance agreement
- § 38.2-4706. Default charge; bad check charge
- § 38.2-4707. Forms of premium finance agreements and related forms to be approved by Commission; false or misleading statements or omissions prohibited
- § 38.2-4708. Examination of books and records of company; bond; rules and regulations; order by Commission to remedy concerns
- § 38.2-4709. Disposition of license and other fees
- § 38.2-4710. Penalty for engaging in business without license
- § 38.2-4711. Exemptions
- § 38.2-4712. Validity of secured transactions
- § 38.2-4800. Repealed
- § 38.2-4805.1. Application of chapter
- § 38.2-4805.2. Definitions
- § 38.2-4806. Notice to insured that insurance is not placed with a licensed insurer required
- § 38.2-4807. Licensees to keep records and file annual statement of policies
- § 38.2-4808. Effect of payment to surplus lines broker
- § 38.2-4809. Licensees to pay license taxes on insurers
- § 38.2-4809.1. Licensees to pay assessments on insurers
- § 38.2-4810. Issuance and delivery of surplus lines policies; prior authority or information required
- § 38.2-4811. Surplus lines coverage to be placed only with unlicensed insurers approved by Commission
- § 38.2-4812. Surplus lines insurers subject to Unlicensed Insurers Process
- § 38.2-4813. Commission to make rules and regulations
- § 38.2-4814. Penalties
- § 38.2-4815. Effect on other provisions of Title 38.2
- § 38.2-4816. Exchange of information
Article 1. REGISTRATION OF CONTINUING CARE PROVIDERS.
- § 38.2-4900. Definitions
- § 38.2-4901. Registration
- § 38.2-4902. Disclosure statement
- § 38.2-4903. Availability of disclosure statement to prospective residents
- § 38.2-4904. Annual disclosure statements
- § 38.2-4904.1. Escrow of entrance fee to continuing care providers and others
- § 38.2-4905. Resident's contract
- § 38.2-4906. Repealed
- § 38.2-4910. Right of organization
- § 38.2-4911. Repealed
- § 38.2-4912. Special provisions for existing providers; rights of residents with certain existing providers
- § 38.2-4913. Repealed
- § 38.2-4917. Certain providers exempted
Article 2. COMMUNITY-BASED CONTINUING CARE PROVIDERS.
- § 38.2-4918. Definitions
- § 38.2-4919. Required filing
- § 38.2-4920. Community-based continuing care disclosure statement; availability of disclosure statement to prospective participants
- § 38.2-4921. Annual community-based continuing care disclosure statements
- § 38.2-4922. Escrow of entrance fee to community-based continuing care providers and others
- § 38.2-4923. Participant's contract
Article 3. GENERAL PROVISIONS.
- § 38.2-4924. Sale or transfer of ownership or change in management
- § 38.2-4925. Financial instability
- § 38.2-4926. Waivers
- § 38.2-4927. Untrue, deceptive, or misleading advertising
- § 38.2-4928. Civil liability
- § 38.2-4929. Regulations
- § 38.2-4930. Investigations and subpoenas
- § 38.2-4931. Cease and desist orders; injunctions
- § 38.2-4932. Penalties
- § 38.2-5000. Short title
- § 38.2-5001. Definitions
- § 38.2-5002. Virginia Birth-Related Neurological Injury Compensation Program; exclusive remedy; exception
- § 38.2-5002.1. Representation by Office of Attorney General; applicability of Public Procurement Act, Freedom of Information Act, and Administrative Process Act
- § 38.2-5002.2. Confidentiality of certain information; penalty
- § 38.2-5003. Virginia Workers' Compensation Commission authorized to hear and determine claims
- § 38.2-5004. Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records
- § 38.2-5004.1. Notification of possible beneficiaries
- § 38.2-5005. Tolling of statute of limitations
- § 38.2-5006. Hearing; parties
- § 38.2-5007. Interrogatories and depositions
- § 38.2-5008. Determination of claims; presumption; finding of Virginia Workers' Compensation Commission binding on participants; medical advisory panel
- § 38.2-5008.1. Right to confront and cross-examine witnesses
- § 38.2-5009. Commission awards for birth-related neurological injuries; notice of award
- § 38.2-5009.1. Infants dying shortly after birth
- § 38.2-5010. Rehearing on Commission determination or award
- § 38.2-5011. Conclusiveness of determination or award; appeal
- § 38.2-5012. Enforcement, etc., of orders and awards
- § 38.2-5013. Limitation on claims
- § 38.2-5014. Scope
- § 38.2-5015. Birth-Related Neurological Injury Compensation Fund; assets of the Fund; audit
- § 38.2-5016. Board of directors; appointment; vacancies; term; list of Program claimants
- § 38.2-5016.1. Investment strategy advice; expected returns
- § 38.2-5017. Plan of operation
- § 38.2-5018. Assessments to be held in restricted cash account
- § 38.2-5019. Repealed
- § 38.2-5020. Assessments
- § 38.2-5020.1. Credits against malpractice insurance premiums
- § 38.2-5021. Actuarial investigation, valuations, gain/loss analysis; notice if assessments prove insufficient
- § 38.2-5100. Purpose
- § 38.2-5101. Definitions
- § 38.2-5102. Risk retention groups chartered in this Commonwealth
- § 38.2-5103. Risk retention groups not chartered in this Commonwealth
- § 38.2-5104. Associations
- § 38.2-5105. Repealed
- § 38.2-5106. Purchasing groups; exemption from certain laws relating to the group purchase of insurance
- § 38.2-5107. Insurers; exemptions from certain laws relating to the group purchase of insurance
- § 38.2-5108. Notice and registration requirements of purchasing groups
- § 38.2-5109. Restrictions on insurance purchased by purchasing groups
- § 38.2-5110. Commission's authority regarding risk retention groups and purchasing groups
- § 38.2-5111. Penalties
- § 38.2-5112. Duty on agents or brokers
- § 38.2-5113. Financial responsibility policy form or coverage requirements
- § 38.2-5114. Application of other state laws to persons or corporations
- § 38.2-5115. Binding effect of orders issued in U.S. District Court
- § 38.2-5200. Definitions
- § 38.2-5201. What laws applicable
- § 38.2-5202. Promulgation of regulations; standards for policy provisions
- § 38.2-5202.1. Refund of premium for cancellation or termination of policy
- § 38.2-5203. Prohibited provisions
- § 38.2-5204. Preexisting conditions
- § 38.2-5205. Prior institutionalization
- § 38.2-5206. Rates
- § 38.2-5207. Disclosure
- § 38.2-5207.1. Disclosure; life insurance policies
- § 38.2-5207.2. Long-term care benefits; monthly report
- § 38.2-5208. Right to return; free look provision
- § 38.2-5209. Incontestability
- § 38.2-5210. Nonforfeiture benefit
Chapter 54. UTILIZATION REVIEW STANDARDS AND APPEALS [Repealed]
Chapter 55. RISK-BASED CAPITAL ACT
- § 38.2-5500. Applicability
- § 38.2-5501. Definitions
- § 38.2-5502. RBC Reports
- § 38.2-5503. Company Action Level Event
- § 38.2-5504. Regulatory Action Level Event
- § 38.2-5505. Authorized Control Level Event
- § 38.2-5506. Mandatory Control Level Event
- § 38.2-5507. Hearings
- § 38.2-5508. Confidentiality; prohibition on announcements; prohibition on use in ratemaking
- § 38.2-5509. Supplemental provisions; rules; exemption
- § 38.2-5510. Foreign licensees
- § 38.2-5511. Immunity
- § 38.2-5512. Severability clause
- § 38.2-5513. Notices
- § 38.2-5514. Phase-in provision
- § 38.2-5515. Expired
- § 38.2-5600. Repealed
- § 38.2-5601. The Virginia Health Savings Account Plan
- § 38.2-5602. Operation of medical savings accounts
- § 38.2-5602.1. Operation of health savings accounts; high deductible health plans
- § 38.2-5603. Repealed
- § 38.2-5604. Health savings accounts exempt from claims
Chapter 58. MANAGED CARE HEALTH INSURANCE PLANS
- § 38.2-5800. Definitions
- § 38.2-5801. General provisions
- § 38.2-5802. Establishment of an MCHIP
- § 38.2-5803. Disclosures and representations to enrollees
- § 38.2-5804. Complaint system
- § 38.2-5805. Provider contracts
- § 38.2-5806. Prohibited practices
- § 38.2-5807. Access to care
- § 38.2-5808. Examinations
- § 38.2-5809. Suspension or revocation of license
- § 38.2-5810. Statutory construction and relationship to other laws
- § 38.2-5811. Controversies involving contracts
- § 38.2-5900. Definitions
- § 38.2-5901. Repealed
- § 38.2-5904. Office of the Managed Care Ombudsman established; responsibilities
- § 38.2-5905. Repealed
- § 38.2-6000. Definitions
- § 38.2-6001. Viatical settlement brokers
- § 38.2-6002. Viatical settlement providers, license requirements
- § 38.2-6003. Approval of viatical settlement contracts and disclosure statements
- § 38.2-6004. Reporting requirements
- § 38.2-6005. Privacy
- § 38.2-6006. Examinations; record retention; investigations
- § 38.2-6007. Disclosure
- § 38.2-6008. General rules
- § 38.2-6009. Prohibited practices
- § 38.2-6010. Advertising for viatical settlements
- § 38.2-6011. Fraud prevention and control
- § 38.2-6012. Civil remedies
- § 38.2-6013. Unfair trade practices
- § 38.2-6014. Commission authority
- § 38.2-6015. Immunity from liability
- § 38.2-6016. Applicability of securities laws
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