2014 Virginia Code
Title 38.2 - Insurance
§ 38.2-2623. Prohibited acts

A. A provider shall not use in its name the words insurance, casualty, surety, mutual or any other words descriptive of the insurance, casualty or surety business or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word "guaranty" or similar word may be used by a provider. This section shall not apply to a company that was using any of the prohibited language in its name prior to the effective date of this article. However, a company using the prohibited language in its name shall include in its home service contracts a clear statement in substantially the following form: "This agreement is not an insurance contract."

B. A provider or its representative shall not in its home service contracts or literature make, permit or cause to be made any false or misleading statement, either oral or written, or deliberately omit any material statement that would be considered misleading if omitted in the sale, offer, or advertisement of the home service contract.

C. No provider shall make or permit any unfair discrimination between individuals in the provider fees charged for any contract or in the performance of services.

D. No provider shall fail to perform the services promised under the home service contract in a timely, competent, or workmanlike manner.

E. The purchase of a home service contract is not mandatory.

2006, c. 634.