reglab/housing_qa huggingface dataset:
VA Code § 38.2-611 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-611. Information concerning previous adverse underwriting decisions

No insurance institution, agent, or insurance-support organization may seek information in connection with an insurance transaction concerning: (i) any previous adverse underwriting decision experienced by an individual, or (ii) any previous insurance coverage obtained by an individual through a residual market mechanism, unless the inquiry also requests the reasons for any previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism.1981, c. 389, § 38.1-57.14; 1986, c. 562.
VA Code § 38.2-612 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-612. Bases for adverse underwriting decisions

A. No insurance institution or agent may base an adverse underwriting decision in whole or in part:1. On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism. However, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;2. On personal information received from an insurance-support organization whose primary source of information is insurance institutions. However, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from an insurance-support organization; or3. On the fact that an individual previously obtained insurance coverage from a particular insurance institution or agent.B. No insurance institution or agent may base an adverse underwriting decision solely on the loss history of a previous owner of the property to be insured.1981, c. 389, § 38.1-57.15; 1986, c. 562; 1990, c. 524; 2003, c. 415.
VA Code § 38.2-612.2 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-612.2. Protection of the Fair Credit Reporting Act

Nothing in this article shall be construed to modify, limit, or supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), and no inference shall be drawn on the basis of the provisions of this article regarding whether information is transaction or experience information under Section 603 of that Act.2001, c. 371; 2020, c. 264.
VA Code § 38.2-613.01 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-613.01. Commission to promulgate regulations on disclosure of certain medical test results to insurance applicants

Pursuant to the authority granted by §§ 38.2-223 and 38.2-3100.1, the Commission shall promulgate such regulations as may be necessary or appropriate to ensure that applicants for life or accident and sickness insurance coverage or for modifications to existing coverage are notified of test results whenever insurers require such applicants to submit to testing for human immunodeficiency viruses (HIV).1997, c. 290.
VA Code § 38.2-613.1 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-613.1. Disclosure of agent's moratorium required

If a duly appointed agent of an insurer proposes to place a policy of motor vehicle insurance as defined in § 38.2-2212 with another insurer or proposes to submit an application to the Virginia Automobile Insurance Plan solely because of a moratorium on such agent's selling, soliciting, or negotiating new motor vehicle insurance that would otherwise be acceptable to such insurer and such placement or submission would result in the applicant's being charged a higher rate, the agent shall disclose to the applicant the existence of the moratorium prior to such placement or submission.1991, c. 269; 2001, c. 706.
VA Code § 38.2-614 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-614. Powers of Commission

A. The Commission shall have the power to examine and investigate the affairs of any insurance institution or agent doing business in the Commonwealth to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of this article.B. The Commission shall have the power to examine and investigate the affairs of any insurance-support organization that acts on behalf of an insurance institution or agent and that either (i) transacts business in the Commonwealth, or (ii) transacts business outside the Commonwealth and has an effect on a person residing in the Commonwealth, in order to determine whether the insurance-support organization has been or is engaged in any conduct in violation of this article.1981, c. 389, § 38.1-57.17; 1986, c. 562; 2020, c. 264.
VA Code § 38.2-615 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-615. Hearings and procedures

A. Whenever the Commission has reason to believe that an insurance institution, agent or insurance-support organization has been or is engaged in conduct in the Commonwealth that violates this article, or whenever the Commission has reason to believe that an insurance-support organization has been or is engaged in conduct outside the Commonwealth that has an effect on a person residing in the Commonwealth and that violates this article, the Commission may issue and serve upon the insurance institution, agent, or insurance-support organization a statement of charges and notice of hearing to be held at a time and place fixed in the notice. The date for such hearing shall be at least ten days after the date of service.B. At the time and place fixed for the hearing, the insurance institution, agent, or insurance-support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the Commission shall permit any adversely affected person to intervene, appear, and be heard at the hearing by counsel or in person.C. In all matters in connection with such investigation, charge, or hearing the Commission shall have the jurisdiction, power and authority granted or conferred upon it by Title 12.1.1981, c. 389, § 38.1-57.18; 1986, c. 562; 2020, c. 264.
VA Code § 38.2-616 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-616. Service of process on insurance-support organizations

For the purpose of this article, an insurance-support organization transacting business outside the Commonwealth that has an effect on a person residing in the Commonwealth and which is alleged to violate this article shall be deemed to have appointed the clerk of the Commission to accept service of process on its behalf. Service on the clerk shall be made in accordance with § 12.1-19.1.1981, c. 389, § 38.1-57.19; 1986, c. 562; 1991, c. 672; 2020, c. 264.
VA Code § 38.2-617 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-617. Individual remedies

A. If any insurance institution, agent, or insurance-support organization fails to comply with §§ 38.2-608, 38.2-609, or § 38.2-610, any person whose rights granted under those sections are violated may apply to a court of competent jurisdiction for appropriate equitable relief.B. An insurance institution, agent, or insurance-support organization that discloses information in violation of § 38.2-613 shall be liable for damages sustained by the individual to whom the information relates. No individual, however, shall be entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of § 38.2-613.C. In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.D. An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.E. Except as specifically provided in this section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this article.1981, c. 389, § 38.1-57.24; 1986, c. 562; 2020, c. 264.
VA Code § 38.2-618 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-618. Immunity of persons disclosing information

No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with this article, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance-support organization. However, this section shall provide no immunity for disclosing or furnishing false information with malice or willful intent to injure any person.1981, c. 389, § 38.1-57.25; 1986, c. 562; 2020, c. 264.
VA Code § 38.2-619 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-619. Obtaining information under false pretenses

Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent or insurance-support organization under false pretenses shall be fined not more than $10,000 or punished by confinement in jail for not more than 12 months, or both.1981, c. 389, § 38.1-57.26; 1986, c. 562.
VA Code § 38.2-622 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-622. Private cause of action; neither created nor curtailed

Nothing in this article shall be construed to create or imply a private cause of action for violation of its provisions, nor shall it be construed to curtail a private cause of action which would otherwise exist in the absence of this article.2020, c. 264.
VA Code § 38.2-624 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-624. Investigation of a cybersecurity event

A. If a licensee learns that a cybersecurity event has or may have occurred, the licensee or an investigator shall conduct a prompt investigation.B. During the investigation, the licensee or an investigator shall, at a minimum, determine as much of the following information as possible:1. Determine whether a cybersecurity event has occurred;2. Assess the nature and scope of the cybersecurity event;3. Identify any nonpublic information that may have been involved in the cybersecurity event; and4. Perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control.C. If a licensee learns that a cybersecurity event has or may have occurred in a system maintained by a third-party service provider, the licensee will complete the steps listed in subsection B or make reasonable efforts to confirm and document that the third-party service provider has completed those steps.D. Each licensee shall maintain records concerning all cybersecurity events for a period of at least five years from the date of the cybersecurity event and shall produce those records upon demand of the Commissioner.2020, c. 264.
VA Code § 38.2-627 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-627. Powers and duties of the Commission; exclusive state standards

A. The Commissioner may examine and investigate the affairs of any licensee to determine whether a licensee has been or is engaged in any conduct in violation of this article. This power is in addition to the powers that the Commissioner has under Article 4 of Chapter 13 (38.2-1300 et seq.) and Chapter 18 (38.2-1800 et seq.). Any such investigation or examination shall be conducted pursuant to Chapters 13 and 18.B. Whenever the Commissioner has reason to believe that a licensee has been or is engaged in conduct in the Commonwealth that violates this article, the Commissioner may take action that is necessary or appropriate to enforce the provisions of this article.C. The Commission may examine and investigate the affairs of any insurance-support organization that acts on behalf of an insurance institution or agent as defined in § 38.2-602 and that either (i) transacts business in the Commonwealth or (ii) transacts business outside the Commonwealth and has an effect on a person residing in the Commonwealth, in order to determine whether the insurance-support organization has been or is engaged in any conduct in violation of this article.D. The Commission shall adopt rules and regulations implementing the provisions of this article.E. This article and any rules adopted pursuant to this article establish the exclusive state standards applicable to licensees for data security, the security of nonpublic information, the investigation of cybersecurity events, and notification of cybersecurity events for those individuals and entities subject to this article.2020, c. 264.
VA Code § 38.2-629 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 6 - Insurance Information and Privacy Protection|§ 38.2-629. Exceptions

A. The following exceptions shall apply to this article:1. A licensee subject to HIPAA that has established and maintains an information security program pursuant to such statutes, rules, regulations, or procedures established thereunder shall be considered to meet the requirements of § 38.2-623, provided that licensee is compliant with, and submits a written statement certifying its compliance with, the same, and certifies that it will protect nonpublic information not subject to HIPAA in the same manner it protects information that is subject to HIPAA, and any such licensee that investigates a cybersecurity event and notifies consumers in accordance with HIPAA and any HIPAA-established rules, regulations, or procedures shall be considered compliant with the requirements of §§ 38.2-624 and 38.2-626.2. An employee, agent, representative or designee of a licensee, who is also a licensee, is exempt from §§ 38.2-623, 38.2-624, 38.2-625, and 38.2-626 and need not develop its own information security program or conduct an investigation of or provide notices to the Commissioner and consumers relating to a cybersecurity event, to the extent that the employee, agent, representative, or designee is covered by the information security program, investigation, and notification obligations of the other licensee.3. A licensee affiliated with a depository institution that maintains an information security program in compliance with the Interagency Guidelines Establishing Standards for Safeguarding Customer Information (Interagency Guidelines) as set forth pursuant to §§ 501 and 505 of the federal Gramm-Leach-Bliley Act, P.L. 106-102, shall be considered to meet the requirements of § 38.2-623 and any rules, regulations, or procedures established thereunder, provided that the licensee produces, upon request, documentation satisfactory to the Commissioner that independently validates the affiliated depository institution's adoption of an information security program that satisfies the Interagency Guidelines.B. If a licensee ceases to qualify for an exception, such licensee shall have 180 days from the date it ceases to qualify to comply with this article.2020, c. 264.
VA Code § 38.2-700 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 7 - Antitrust Provisions|§ 38.2-700. When domestic insurer may hold stock of another insurer

Subject to Article 6 (§ 38.2-1335 et seq.) of Chapter 13 and Chapter 14 (§ 38.2-1400 et seq.) of this title, any domestic insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer, unless the effect of such action (i) substantially lessens competition generally or (ii) tends to create a monopoly, in the business of insurance.1952, c. 317, § 38.1-58; 1983, c. 457; 1986, c. 562.
VA Code § 38.2-701 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 7 - Antitrust Provisions|§ 38.2-701. When director of a domestic insurer may be a director of another insurer

Any domestic insurer may have a director who is also a director of another domestic, foreign or alien insurer, unless the effect thereof (i) substantially lessens competition generally or (ii) tends to create a monopoly, in the business of insurance.1952, c. 317, § 38.1-59; 1986, c. 562.
VA Code § 38.2-702 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 7 - Antitrust Provisions|§ 38.2-702. Violations; procedure; cease and desist orders

If the Commission has reason to believe that there is a violation of either § 38.2-700 or § 38.2-701, it shall issue and serve upon the insurer or the director concerned a statement of the charges and a notice of a hearing to be held at a time and place fixed in the notice, which shall not be less than thirty days after notice is served. The notice shall require the insurer or director to show cause why an order should not be issued directing the alleged offender to cease and desist from the violation. At such hearing, the insurer or director shall have an opportunity to be heard and to show cause why an order should not be issued requiring the insurer or director to cease and desist from the violation. In all matters in connection with such charges or hearing, the Commission shall have the jurisdiction, power, and authority granted or conferred upon it by Title 12.1, and, except as otherwise provided in this chapter, the procedure shall conform to and the right of appeal shall be the same as that provided in that title.1952, c. 317, § 38.1-60; 1971, Ex. Sess., c. 1; 1986, c. 562.
VA Code § 38.2-703 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 7 - Antitrust Provisions|§ 38.2-703. Cease and desist orders may be entered

If, after a hearing, the Commission finds that there has been a violation of § 38.2-700 or § 38.2-701, it may issue an order reciting its findings and directing the insurer or director to cease and desist from the violation.1952, c. 317, § 38.1-61; 1986, c. 562.
VA Code § 38.2-704 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 7 - Antitrust Provisions|§ 38.2-704. Penalties

A. Any person who violates a cease and desist order entered under § 38.2-703 shall be subject to the provisions of § 38.2-218.B. Any person convicted of violating this chapter may, in addition, be punished under the provisions of Chapter 1.1 (§ 59.1-9.1 et seq.) of Title 59.1.1952, c. 317, § 38.1-62; 1986, c. 562.
VA Code § 38.2-705 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 7 - Antitrust Provisions|§ 38.2-705. Antitrust provision

Conduct subject to regulation, review or examination pursuant to this title shall, in addition, be subject to the provisions of the Virginia Antitrust Act (§ 59.1-9.1 et seq.).1986, c. 562.
VA Code § 38.2-800 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 8 - Service of Process|§ 38.2-800. Definition

For the purposes of this article, "insurer" includes health services plans, health maintenance organizations, legal services plans, dental or optometric services plans, and unlicensed insurers approved by the Commission to issue surplus lines coverage as respectively provided for in Chapters 42, 43, 44, 45, and 48 of this title.1986, c. 562; 2007, c. 157.
VA Code § 38.2-801 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 8 - Service of Process|§ 38.2-801. What constitutes appointment of agent for service of process

A. The clerk of the Commission shall be deemed to be appointed by any insurer unlicensed in this Commonwealth as its agent for the service of process in accordance with § 13.1-758 if any of the following acts are effected by mail or otherwise in this Commonwealth:1. The issuance or delivery of insurance contracts to residents of this Commonwealth or to corporations authorized to do business in this Commonwealth;2. The solicitation of applications for these insurance contracts;3. The collection of premiums, membership fees, assessments or other considerations for these insurance contracts; or4. The transaction of any other insurance business in connection with these insurance contracts.1952, c. 317, § 38.1-64; 1956, c. 431; 1958, c. 597; 1986, c. 562.
VA Code § 38.2-802 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 8 - Service of Process|§ 38.2-802. How process served

Service of process or notice upon any unlicensed insurer in any suit, action or proceeding arising out of or in connection with the acts listed in § 38.2-801 in this Commonwealth shall be made in the manner prescribed in § 13.1-758.1952, c. 317, § 38.1-65; 1956, c. 431; 1958, c. 597; 1986, c. 562.
VA Code § 38.2-803 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 8 - Service of Process|§ 38.2-803. Alternate method of service

A. Service of process or notice in any action, suit or proceeding shall be valid if:1. Served upon any person within this Commonwealth who, in this Commonwealth on behalf of the unlicensed insurer, is (i) soliciting insurance, (ii) making, issuing, or delivering any insurance contract, or (iii) collecting or receiving any premium, membership fee, assessment or other consideration for insurance; and2. A copy of the process or notice is sent within ten days thereafter by registered mail to the unlicensed insurer at its last known principal place of business.B. A post-office receipt showing the sender's name, and the unlicensed insurer's name and address, and the plaintiff's or plaintiff's attorney's affidavit of compliance with the procedures set out in subsection A of this section shall be filed with the clerk of the court in which the proceeding is pending on or before the date the unlicensed insurer is required to appear, or within such further time as the court allows.1952, c. 317, § 38.1-66; 1986, c. 562.
VA Code § 38.2-804 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 8 - Service of Process|§ 38.2-804. Other legal service not limited

Nothing in this article shall limit the right to serve any process or notice upon any licensed insurer in any other manner permitted by law.1952, c. 317, § 38.1-67; 1986, c. 562.
VA Code § 38.2-805 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 8 - Service of Process|§ 38.2-805. When judgment may be entered

No judgment based on default of appearance shall be entered against any defendant served pursuant to § 38.2-803 until the expiration of thirty days from the date that the affidavit of compliance is filed.1952, c. 317, § 38.1-68; 1986, c. 562.