2006 Code of Virginia § 38.2-2623 - Prohibited acts

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 orsurety business or a name deceptively similar to the name or description ofany 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 sectionshall not apply to a company that was using any of the prohibited language inits name prior to the effective date of this article. However, a companyusing the prohibited language in its name shall include in its home servicecontracts a clear statement in substantially the following form: "Thisagreement is not an insurance contract."

B. A provider or its representative shall not in its home service contractsor literature make, permit or cause to be made any false or misleadingstatement, either oral or written, or deliberately omit any materialstatement 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 betweenindividuals in the provider fees charged for any contract or in theperformance of services.

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

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

(2006, c. 634.)