reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-221.3. Confidentiality of applications and investigations

A. For purposes of this section, "business entity" means a partnership, limited partnership, limited liability company, corporation, or other legal entity that is entitled to hold property in its own name and that is not a sole proprietorship.
B. This section applies to the Commission's authority to license, register, or authorize business entities pursuant to this title. This section shall not apply to any license issued under Chapter 18 (§ 38.2-1800 et seq.).
C. All applications, documents, materials, or other information produced by, obtained by, or disclosed to the Commission or any other person in the course of an investigation, or a review of an application, shall be given confidential treatment, is not subject to subpoena, and may not be made public by the Commission or any other person. The Commission may grant access to (i) a regulatory official of any state or country; (ii) the National Association of Insurance Commissioners, its affiliate, or its subsidiary; or (iii) a law-enforcement authority of any state or country, provided that those officials are required under their law to maintain its confidentiality. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of such applications, documents, materials, or other information, or copies thereof. Any parties receiving such information shall agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the business entity to which it pertains has been obtained.
D. Nothing in this section shall prohibit the Commission from (i) using such confidential information in furtherance of any regulatory or legal action; (ii) publishing any decisions, orders, findings, opinions, or judgments; or (iii) publishing any final report or any other report containing aggregated findings, provided that such reports, decisions, orders, findings, opinions, or judgments shall not disclose any such confidential information.
2009, c. 352; 2016, c. 250.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-222. Appeals generally

Except as otherwise specifically provided in this title, § 12.1-39 shall apply to the appeal of any final (i) finding, (ii) decision settling the substantive law, (iii) order, or (iv) judgment of the Commission issued pursuant to this title.
1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-225. Disposition of fines and penalties

A. All fines recovered for criminal violations of this title or for criminal violations of rules, regulations, or orders issued pursuant to this title shall be paid into the state treasury to the credit of the Literary Fund.
B. All penalties and compromise settlements recovered for civil violations of this title or civil violations of rules, regulations, or orders issued pursuant to this title shall be paid into the state treasury. Pursuant to §§ 38.2-1620 and 38.2-1718 these funds shall be credited to the Literary Fund or if the Commission determines a need, to either (i) the Virginia Property and Casualty Insurance Guaranty Association established pursuant to Chapter 16 of this title or (ii) the Virginia Life, Accident and Sickness Insurance Guaranty Association established pursuant to Chapter 17 of this title.
Code 1950, § 38-25; 1952, c. 317, § 38.1-42; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-226. Provisions of title not to apply to certain mutual aid associations

This title shall not apply to beneficial, relief, or mutual aid societies, or partnerships, plans, associations, or corporations, established prior to 1935 and formed by churches for the purpose of aiding members who sustain property losses by fire, lightning, hail, storm, flood, explosion, power failure, theft, burglary, vandalism, civil commotion, airplane and vehicular damage, and in which the privileges and memberships in these societies, partnerships, plans, associations, or corporations are confined to members of the churches.
1981, c. 171, § 38.1-42.1; 1985, c. 361; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-226.2. Provisions of title not applicable to certain long-term care health plans

A. This title shall not apply to pre-PACE long-term care health plans (i) authorized by the United States Health Care Financing Administration pursuant to § 1903 (m) (2) (B) of Title XIX of the United States Social Security Act (42 U.S.C. § 1396b et seq.) and the state plan for medical assistance services as established pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1 and (ii) which have signed agreements with the Department of Medical Assistance Services as long-term care health plans.
B. This title shall not apply to PACE long-term care health plans (i) authorized as programs of all-inclusive care for the elderly by Subtitle I (§ 4801 et seq.) of Chapter 6 of Title IV of the Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 528 et seq., §§ 4801-4804, 1997, pursuant to Title XVIII and Title XIX of the United States Social Security Act (42 U.S.C. § 1395eee et seq.) and the state plan for medical assistance services as established pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1 and (ii) which have signed agreements with the Department of Medical Assistance Services as long-term care health plans.
C. Enrollment in a pre-PACE or PACE plan shall be restricted to those individuals who participate in programs authorized pursuant to Title XIX or Title XVIII of the United States Social Security Act, respectively.
1998, c. 318.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-227. Public policy regarding punitive damages

It is not against the public policy of the Commonwealth for any person to purchase insurance providing coverage for punitive damages arising out of the death or injury of any person as the result of negligence, including willful and wanton negligence, but excluding intentional acts. This section declares existing policy.
1983, c. 353, § 38.1-42.2; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-228. Proof of future financial responsibility

At the request of a named insured, a licensed property and casualty insurer shall provide without unreasonable delay to the Commissioner of the Department of Motor Vehicles proof of future financial responsibility as required by the provisions of Title 46.2.
1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-229. Immunity from liability

A. There shall be no liability on the part of and no cause of action against any person for furnishing in good faith to the Commission information relating to the investigation of any insurance or reinsurance transaction when such information is furnished under the requirements of law or at the request or direction of the Commission.
B. There shall be no liability on the part of and no cause of action against the Commission, the Commissioner of Insurance, or any of the Commission's employees or agents, acting in good faith, for investigating any insurance or reinsurance transaction or for the dissemination of any official report related to an official investigation of any insurance or reinsurance transaction.
1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-230. Distributions by nonstock corporation

No dividend or distribution of income, as used in § 13.1-814, shall be made to a member corporation of a corporation licensed under the provisions of this title unless the corporation has received approval by the Commission prior to the distribution. In approving the distribution, the Commission shall give consideration to the subscribers' or policyholders' best interest.
1985, c. 380, § 38.1-39.1; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-232. Notice of lapse or pending lapse of certain life and accident and sickness insurance policies

A. Every insurer, health services plan, or health care plan that issues a policy, contract, or plan of insurance or annuity as defined in §§ 38.2-102 through 38.2-109 shall provide the policy owner, contract owner, or plan owner with a written notice prior to the date that the policy, contract, or plan will lapse for failure to pay premiums due.
B. The provisions of subsection A shall not apply (i) to group policies, contracts, or plans of insurance or (ii) to individual policies, contracts, or plans of insurance if the insurer, health services plan, or health care plan (a) as a general business practice provides its policy owners, contract owners, or plan owners with written notices of premiums due or (b) has furnished its policy owner, contract owner, or plan owner with written notice separate from that contained in the policy that the failure to pay premiums in a timely manner will result in a lapse of such policy, contract, or plan.
1991, c. 369; 2013, c. 93.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-235. Liability insurance; carbon monoxide exclusions

No policy of insurance furnishing personal injury liability or property damage liability coverage as defined in §§ 38.2-117 and 38.2-118, including any endorsements thereto, shall be deemed to exclude coverage for the discharge, dispersal, seepage, migration, release, emission, leakage or escape of carbon monoxide from a residential or commercial heating system unless excluded in such policy by explicit reference thereto.
1997, c. 157.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-236. Notice of settlement payment

A. Upon payment by any insurer of at least $5,000 in a single check to an attorney licensed in the Commonwealth, or other representative, in settlement or satisfaction by an insured or a third party of any claim arising out of an insurance policy issued or delivered in the Commonwealth, the insurer shall send to the claimant or judgment creditor on the underlying insurance or liability claim a notice of such payment as required by subsection B within five business days after the date payment is made or sent to the attorney or other representative of the claimant or judgment creditor. A copy of the notice shall be sent simultaneously to the attorney or representative of the claimant or judgment creditor.
B. The notice required pursuant to subsection A shall be sent to the physical address, or email or other electronic address, furnished by the claimant or judgment creditor to the insurance company, unless the claimant or judgment creditor has notified the insurance company in writing that he waives notice of payment. In the absence of any address or waiver furnished by the claimant or judgment creditor, the notice shall be sent to the last known physical address, or email or other electronic address, of the claimant or judgment creditor.
The notice shall be sent by the insurance company only after a settlement has been agreed to by the attorney or other representative of the claimant or judgment creditor, and shall contain only the following language:
"Pursuant to § 38.2-236 of the Code of Virginia, you are hereby notified that a payment was sent on (insert date on which payment was sent) by (insert name of insurer) to your attorney or other representative (insert name, address, and telephone number of attorney or other representative known to insurer), in satisfaction of your claim or judgment against (insert name of insurer, or insured, whichever is appropriate).
If you have any questions, please contact your attorney or other representative."
C. Nothing in subsection A or B shall (i) create any cause of action for monetary damages for any person against an insurer based upon a failure to provide notice as required by this section or the provision of a defective notice, (ii) establish a defense for any person to any cause of action based on a failure to provide notice as required by this section or the provision of a defective notice, or (iii) invalidate or in any way affect the settlement or satisfaction for which the payment was made by the insurer.
D. Except as provided and authorized by this section, no insurer shall otherwise communicate with a claimant or judgment creditor known to be represented by an attorney licensed in the Commonwealth, or other representative, regarding settlement of a claim or satisfaction of a judgment without the written consent of such attorney or other representative.
2013, c. 146.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 2 - Provisions of a General Nature › § 38.2-237. Provider complaints

Any person may submit a complaint of one or more issues of noncompliance by an insurer with any insurance law, insurance regulation, or order of the Commission on behalf of a health care provider. The complainant shall provide detailed information supporting the allegation of noncompliance. The Commission shall investigate complaints alleging violations of insurance laws, regulations, and orders of the Commission and notify the complainants of the outcomes. The Commission shall have no jurisdiction to adjudicate (i) individual controversies or (ii) as between two contracting parties, matters of contractual dispute unrelated to insurance laws, regulations, or Commission orders.
2022, c. 164.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-300. Scope of chapter

This chapter shall apply to all classes of insurance except:
1. Ocean marine insurance other than private pleasure vessels;
2. Life insurance policies and accident and sickness insurance policies not delivered or issued for delivery in this Commonwealth;
3. Contracts of reinsurance; or
4. Annuities, except as provided for in §§ 38.2-305, 38.2-316 and 38.2-321.
1952, c. 317, § 38.1-328; 1986, c. 562; 1988, cc. 333, 523.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-302. Life, accident, and sickness insurance; application required

A. No contract of insurance upon a person shall be made or effectuated unless at the time of the making of the contract the individual insured, being of lawful age and competent to contract for the insurance contract, (i) applies for insurance or (ii) consents in writing to the insurance contract. However:
1. Either spouse may effect an insurance contract upon each other;
2. Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effect an insurance contract upon the life of or pertaining to the minor; or
3. A corporate employer or an employee benefit trust having the insurable interest described in subdivision B 3 of § 38.2-301 may effect an insurance contract upon the lives of such employees, provided that the employer or trust provides the employee with notice in writing that such insurance has been purchased, the amount of such coverage, and to whom benefits are payable in the event of the employee's death.
B. Nothing in this section shall prohibit a minor from obtaining insurance on his own life as authorized in § 38.2-3105.
1952, c. 317, § 38.1-330; 1986, c. 562; 1988, c. 831; 1993, c. 105; 2020, c. 900.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-303. Insurable interest required; property insurance

A. No insurance contract on property or on any interest therein or arising therefrom shall be enforceable except for the benefit of persons having an insurable interest in the property insured.
B. As used in this section, "insurable interest" means any lawful and substantial economic interest in the safety or preservation of the subject of insurance free from loss, destruction or pecuniary damage.
1952, c. 317, § 38.1-331; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-304. Contracts of temporary insurance; duration; what deemed to include

A. Oral or written binders or other temporary insurance contracts may be made and used for a period not exceeding sixty days pending the issuance of the policy. Unless otherwise provided, oral or written binders or other temporary insurance contracts shall be deemed to include the usual provisions, stipulations and agreements which are commonly used in this Commonwealth in effecting the class of insurance being written.
B. This section shall not apply to:
1. Binders or other contracts referred to in §§ 38.2-2112 and 38.2-4605;
2. Conditional receipts issued by life insurers; or
3. Group insurance policies.
Code 1950, § 38-181; 1952, c. 317, § 38.2-332; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-306. Additional contents

A policy or contract may contain additional provisions that are not substantially in conflict with this title and that:
1. Are required to be inserted by the laws of the insurer's state or country of domicile or of the state or country in which the policy is to be delivered or issued for delivery; or
2. Are necessary to state the rights and obligations of the parties to the contract because of the manner in which the insurer is constituted or operated.
Code 1950, § 38-513; 1952, c. 317, § 38.1-334; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-307. Charter and bylaw provisions in policies

No policy shall contain any provision purporting to make any portion of the charter, bylaws or other organic law of the insurer, however designated, a part of the contract unless that portion is set out in full in the policy. Any policy provision in violation of this section shall be invalid.
1952, c. 317, § 38.1-335; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-308. Contingent liability provisions in policies issued by certain mutual insurers

Except in the case of nonassessable policies, the contingent liability of each member of a mutual insurer, other than a life insurer, shall be clearly stated in the mutual insurer's policies. The contingent liability may be limited, but such limitation shall not be less than one additional annual premium on each policy held by the member.
Code 1950, § 38-508; 1952, c. 317, § 38.1-335.1; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-309. When answers or statements of applicant do not bar recovery on policy

All statements, declarations and descriptions in any application for an insurance policy or for the reinstatement of an insurance policy shall be deemed representations and not warranties. No statement in an application or in any affidavit made before or after loss under the policy shall bar a recovery upon a policy of insurance unless it is clearly proved that such answer or statement was material to the risk when assumed and was untrue.
Code 1950, § 38-7; 1952, c. 317, § 38.1-336; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-310. All fees, charges, etc., to be stated in policy

A. All fees, charges, premiums or other consideration charged for the insurance or for the procurement of insurance shall be stated in the policy except in the case of fidelity, surety, title, and group insurance, and except for consulting services as provided in Article 4 (§ 38.2-1837 et seq.) of Chapter 18 of this title. Except as provided in this subsection, no person shall charge or receive any fee, compensation, or consideration for insurance or for the procurement of insurance that is not included in the premium or stated in the policy.
B. Service charges for installment payments of insurance premiums do not need to be stated in the policy if the charges are provided to the insured in writing.
Code 1950, § 38-508; 1952, c. 317, § 38.1-337; 1986, c. 562; 1990, c. 281.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-311. Type size in which conditions and restrictions to be printed

Except as otherwise provided in this title, no restriction, condition or provision in or endorsed on any insurance policy shall be valid unless the condition or provision is printed in type as large as eight point type, or is written in ink or typewritten in or on the policy. This section shall not apply to a copy of an application or parts thereof, attached to or made part of an insurance policy.
Code 1950, § 38-9; 1952, c. 317, § 38.1-338; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-312. Provisions limiting jurisdiction, or requiring construction of contracts by law of other states, prohibited

No insurance contract delivered or issued for delivery in this Commonwealth and covering subjects which are located or residing in this Commonwealth, or which are performed in this Commonwealth shall contain any condition, stipulation or agreement:
1. Requiring the contract to be construed according to the laws of any other state or country, except as may be necessary to meet the requirements of the motor vehicle financial responsibility laws of the other state or country; or
2. Depriving the courts of this Commonwealth of jurisdiction in actions against the insurer.
Any such condition, stipulation or agreement shall be void, but such voiding shall not affect the validity of the remainder of the contract.
1952, c. 317, § 38.1-339; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-313. Where certain contracts deemed made

All insurance contracts on or with respect to the ownership, maintenance or use of property in this Commonwealth shall be deemed to have been made in and shall be construed in accordance with the laws of this Commonwealth.
Code 1950, § 38-162; 1952, c. 317, § 38.1-340; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-314. Limitation of action and proof of loss

No provision in any insurance policy shall be valid if it limits the time within which an action may be brought to less than one year after the loss occurs or the cause of action accrues.
If an insurance policy requires a proof of loss, damage or liability to be filed within a specified time, all time consumed in an effort to adjust the claim shall not be considered part of such time.
Code 1950, § 38-9; 1952, c. 317, § 38.1-341; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-315. Intervening breach

If any breach of warranty or condition in any insurance contract covering property located in this Commonwealth occurs prior to a loss under the contract, the breach shall not void the contract nor permit the insurer to avoid liability unless the breach existed at the time of the loss.
Code 1950, § 38-8; 1952, c. 317, § 38.1-342; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-318. Validity of noncomplying forms

A. Any insurance policy or form containing any condition or provision that is not in compliance with this title shall be valid, but shall be construed and applied in accordance with the conditions and provisions required by this title.
B. As used in this section, "form" means any contract, rider, endorsement, amendment, certificate, or application or other instrument providing, modifying, or eliminating insurance coverage.
1952, c. 317, § 38.1-343; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-319. Validity of contracts in violation of law

Any insurance contract made in violation of the laws of this Commonwealth may be enforced against the insurer.
Code 1950, §§ 38-32, 38-223; 1952, c. 317, § 38.1-344; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-320. Insurer to furnish forms for proof of loss

Whenever notice of any loss or damage has been given to the insurer or its agent, the insurer shall, upon written request, deliver to the insured or to the person to whom the benefits are payable the forms for such preliminary proof of loss or damage as may be required under the policy. Such forms shall be delivered within fifteen days after written request has been made or mailed to the insurer by the insured or person to whom benefits are payable. The failure or refusal of an insurer or its agent to deliver such forms within fifteen days of written request shall be deemed a waiver of any condition, stipulation or provision in the policy requiring preliminary proof.
Code 1950, § 38-11; 1952, c. 317, § 38.1-345; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-321. Payment discharges insurer

A. An insurer shall be fully discharged from all claims under a life insurance policy, accident and sickness insurance policy, or annuity contract:
1. When the proceeds of or payments under a policy or contract become payable in accordance with (i) the terms of the policy or contract or (ii) the exercise of any right or privilege under the contract; and
2. If the insurer makes payments in accordance with the terms of the policy or contract or any written assignment to the person designated in the policy or contract or by assignment as being entitled to the proceeds or payments.
B. An insurer may not be fully discharged from all claims under a life insurance policy, accident and sickness insurance policy, or annuity contract before payment is made and if the insurer has received, at its home office, written notice that some other person claims to be entitled to payment or some interest in the policy or contract.
1952, c. 317, § 38.1-346.1; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-322. Standardized claims forms

A. No accident and sickness insurer, health maintenance organization, health services plan, or optometric services plan licensed in the Commonwealth shall refuse to accept, as a standard claims form for physician services or for services provided by chiropractors, optometrists, opticians, professional counselors, psychologists, clinical social workers, podiatrists, physical therapists, clinical nurse specialists who render mental health services, audiologists, and speech pathologists, the standardized HCFA-1500 health insurance claims form, or its successor as it may be amended from time to time. However, nothing in this section shall prohibit an insurer, health maintenance organization, health services plan, or optometric services plan from accepting any other claims form.
B. No accident and sickness insurer, health maintenance organization, or health services plan licensed in the Commonwealth shall refuse to accept as a standard claims form for hospital services the standardized UB-82 claims form, or its successor as it may be amended from time to time. However, nothing in this section shall prohibit an accident and sickness insurer, health maintenance organization, or health services plan from accepting any other claims form.
C. No accident and sickness insurer, health maintenance organization, health services plan, or dental services plan licensed in the Commonwealth shall refuse to accept as a standard claims form for dental services the standardized ADA form prepared by the American Dental Association, or its successor as it may be amended from time to time. However, nothing in this section shall prohibit an accident and sickness insurer, health maintenance organization, health services plan, or dental services plan from accepting any other claims form.
D. The forms specified in this section may be modified as necessary to accommodate the transmission and administration of claims by electronic means.
E. After July 1, 1998, no health maintenance organization authorized to transact business in this Commonwealth and no health insurer, health services plan or preferred provider organization authorized to offer health benefits in this Commonwealth that requires the use of the Physicians' Current Procedural Terminology (CPT) identifying codes published by the American Medical Association for reporting claims for medical services and procedures, including any standardized form, shall refuse to accept and utilize these identifying codes and any appropriate modifiers listed therein when the same are appropriately used for processing such claims for provider services and procedures.
1993, c. 307; 1997, c. 531.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-324. Disclosure of property damage information

Nothing in this title shall prohibit an insurer or its agent from disclosing information obtained from policyholders or other persons regarding claims or reports of property damage resulting from a natural disaster, as defined in clause (ii) of the definition of "disaster" in § 44-146.16, to the Director of the Department of Emergency Management or his designees or other state officials, to federal officials, or to local government officials of the locality where the damage occurred; provided that the disclosures (i) do not identify persons whose property is damaged or the address thereof and (ii) include only aggregated data that relates to the assessment of damage from a natural disaster, including, but not limited to, the number of claims, estimates of the dollar amount of damage, and types of damage, for a specified geographic area, such as a census tract or zip code area.
2005, c. 192; 2008, cc. 121, 157.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 3 - Provisions Relating to Insurance Policies and Contracts › § 38.2-326. Plan management functions

A. As used in this section:
"Exchange" means either the (i) federal health benefit exchange established by the Secretary of the U.S. Department of Health and Human Services pursuant to § 1321 of the Patient Protection and Affordable Care Act codified as 42 U.S.C. § 18041(c) in the Commonwealth or (ii) state-based exchange established pursuant to Chapter 65 (§ 38.2-6500 et seq.) and § 1311(b) of the Patient Protection and Affordable Care Act codified as 42 U.S.C. § 18031.
"Plan management functions" means analyses and reviews necessary to support the certification, decertification, and recertification of qualified health plans and stand-alone dental plans for the participation in an exchange and the collection of data necessary to perform the above functions.
B. The Commission's Bureau of Insurance, with the assistance of the Virginia Department of Health, shall perform plan management functions required to certify health benefit plans and stand-alone dental plans for participation in the exchange, provided that: (i) full funding is available; (ii) the technology infrastructure, including integration with federal, state, and other necessary entities, is made available to the Commission in order for it to carry out the plan management functions authorized in this section; and (iii) there are no other impediments that effectively prevent the Commission from performing any required plan management functions.
C. The Commission's Bureau of Insurance may contract and enter into memoranda of understanding to carry out its plan management functions.
D. The Commission shall not use any special fund revenues dedicated to its other functions and duties unrelated to exchange operations, including revenues from utility consumer taxes or fees from licensees or registrants regulated by the Commission or fees paid to the Clerk's Office, to fund the plan management functions.
E. Technology resources provided by the Commission in carrying out the plan management functions shall be limited to existing Commission technology support functions such as desktop support, network administration support, web services support, or other similar support functions.
F. The Commission shall make available to the public on its website a written report on the implementation and performance of its plan management functions during the preceding fiscal year, including, at a minimum, the manner in which all funds utilized for its plan management functions were expended.
2013, cc. 670, 679; 2020, cc. 916, 917.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-400. Expense of administration of insurance laws borne by licensees; minimum contribution

A. The expense of maintaining the Bureau of the Commission responsible for administering the insurance laws of this Commonwealth, including a reasonable margin in the nature of a reserve fund, shall be assessed annually by the Commission against all companies and surplus lines brokers subject to this title except premium finance companies and providers of continuing care registered pursuant to Chapter 49 (§ 38.2-4900 et seq.) of this title. The assessment shall be in proportion to the direct gross premium income on business done in this Commonwealth. The assessment shall not exceed one-tenth of one percent of the direct gross premium income and shall be levied pursuant to § 38.2-403. For any year a company is subject to an assessment, the assessment shall not be less than $300.
B. All fees assessed under any provision of this title and paid into the state treasury shall be deposited to a special fund designated "Bureau of Insurance Special Fund -- State Corporation Commission," and out of such special fund and the unexpended balance thereof shall be appropriated the sums necessary for the regulation, supervision and examination of all entities subject to regulation under this title. Any references in the Code of Virginia to funds being paid directly into the state treasury and credited to the fund for the maintenance of the Bureau of Insurance shall hereinafter mean the "Bureau of Insurance Special Fund -- State Corporation Commission."
Code 1950, § 38-17; 1952, c. 317, § 38.1-44; 1954, c. 231; 1960, c. 294; 1977, cc. 317, 613; 1978, c. 4; 1981, c. 605; 1986, c. 562; 1987, cc. 558, 565, 655; 1994, c. 316.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-401.1. Dam Safety, Flood Prevention and Protection Assistance Fund assessment

The Commission shall annually assess against all licensed insurance companies doing business in this Commonwealth by writing any type of flood insurance an assessment in the amount of one percent of the total direct gross premium income for such insurance. Such assessment shall be apportioned, assessed, and paid as prescribed by § 38.2-403. In any year in which a company has no direct gross premium income from flood insurance or in which its direct gross premium income from flood insurance is insufficient to produce at the rate of assessment prescribed by law an amount equal to or in excess of $100, there shall be so apportioned and assessed against such company a contribution of $100. One hundred percent of the total amount collected annually pursuant to this section shall be paid into the Dam Safety, Flood Prevention and Protection Assistance Fund established per § 10.1-603.17. The assessment established by this section shall not apply to premium income for policies written pursuant to the National Flood Insurance Act of 1968 or for policies providing comprehensive motor vehicle insurance coverage.
1990, c. 916; 2006, cc. 648, 765.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-402. Definitions

As used in this chapter:
"Assessable year" means the calendar year upon which the direct gross premium income is computed under this chapter. In the case of direct gross premium income for a fraction of a calendar year, the term includes the period in which that direct gross premium income is received or derived from business in this Commonwealth.
"Direct gross premium income" means direct gross premium as defined in § 58.1-2500.
"License year" means the 12-month period beginning on July 1 next succeeding the assessable year and ending on June 30 of the subsequent year. This shall also be the year in which annual reports of direct gross premium income are required to be filed under § 38.2-406 and the annual assessment paid under the provisions of this chapter.
1977, c. 317, §§ 38.1-48.1, 38.1-48.2; 1978, c. 4; 1986, c. 562; 1996, c. 22; 2012, c. 584.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-403. Assessment for expenses

The Commission shall assess each company annually for its just share of expenses. The assessment shall be in proportion to direct gross premium income for the year immediately preceding that for which the assessment is made. The Commission shall give the companies notice of the assessment which shall be paid to the Commission on or before March 1 of each year for deposit into the state treasury as provided in subsection B of § 38.2-400. Any company that fails to pay the assessment on or before the date herein prescribed shall be subject to a penalty imposed by the Commission. The penalty shall be ten percent of the assessment and interest shall be charged at a rate pursuant to § 58.1-1812 for the period between the due date and the date of full payment. If a payment is made in an amount later found to be in error, the Commission shall, (i) if an additional amount is due, notify the company of the additional amount and the company shall pay the additional amount within fourteen days of the date of the notice or, (ii) if an overpayment is made, process a refund.
Code 1950, § 38-18; 1952, c. 317, § 38.1-45; 1977, c. 317; 1978, c. 4; 1986, c. 562; 1994, c. 316; 2012, c. 584; 2017, c. 39.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-403.1. Omitted assessments

If the Commission ascertains that any assessment that could have been assessed during any current assessable year has not been assessed for any assessable year of the three years last past, or that the same has been assessed at less than the law required for any one or more of such years, or that the assessment, for any cause, has not been realized, the Commission shall list and assess the same at the rate prescribed for that year, adding thereto a penalty of 10 percent and interest at the rate established pursuant to § 58.1-1812 which shall be computed upon the assessment from the due date of the assessment until the assessment is paid.
2016, c. 193.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-404. Recovery of such assessments; revocation or suspension of license

If an assessment made under § 38.2-403 is not paid to the Commission by the prescribed date, the amount of the assessment, penalty, and interest may be recovered from the defaulting company on motion of the Commission made in the name and for the use of the Commonwealth in the appropriate circuit court after ten days' notice to the company. The license or certificate of authority of any defaulting company to transact business in this Commonwealth may be revoked or suspended by the Commission until it has paid such assessment.
Code 1950, § 38-19; 1952, c. 317, § 38.1-46; 1978, c. 4; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-405. Application for correction of assessment

Any corporation aggrieved by the assessment assessed or imposed by or under authority of this chapter and collected from any corporation, domestic or foreign, may, within one year from the date of the payment of such assessment, apply to the Commission for a refund, in whole or in part, of the amount so assessed or imposed and paid. No payment shall be recovered after a formal adjudication in a proceeding in which the right of appeal existed and was not taken. Such application shall be by written petition, in duplicate and verified by affidavit. Such application shall be filed with the Commission and shall set forth the names and addresses of every party in interest.
Code 1950, § 38-20; 1952, c. 317, § 38.1-47; 1978, c. 4; 1986, c. 562; 2016, c. 193.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-406. Report of gross premium income

Each company subject to assessment under this chapter shall, on or before March 1 of each year, report under oath to the Commission, upon forms to be furnished or approved by, and in such detail as may be prescribed by, the Commission, the direct gross premium income derived from its business in this Commonwealth during the preceding year ending December 31. Every company failing to file the assessment report on or before March 1 shall be subject to a penalty of $50 for each day after the report is due. If such failure is due to providential or other good cause shown to the satisfaction of the Commission, such report may be accepted exclusive of penalties.
Code 1950, § 38-21; 1952, c. 317, § 38.1-48; 1977, c. 317; 1978, c. 4; 1986, c. 562; 2003, c. 371; 2012, c. 584.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-412. Companies going out of business

If a company goes out of business or ceases to be a company in this Commonwealth in any assessable or license year, the company shall remain liable for the payment of the assessment measured by direct gross premium income for the period in which it operated as a company and received or derived direct gross premium income from business in this Commonwealth.
1977, c. 317, § 38.1-48.7; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-413. Double assessment respecting same direct gross premium income negated

This chapter shall not be construed to require including any direct gross premium income used previously in calculating the assessment imposed by this chapter for any license year or fraction thereof, and the assessment paid thereon.
1977, c. 317, § 38.1-48.9; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 4 - Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers › § 38.2-414. Assessments to fund program to reduce losses from motor vehicle thefts

A. To provide funds to establish and operate a statewide program to receive and reward information leading to the arrest of persons who commit motor vehicle theft-related crimes in Virginia, each insurer licensed to write insurance coverage as defined in § 38.2-124 shall, prior to March 1 of each year, pay an assessment equal to one-quarter of one percent of the total direct gross premium income for automobile physical damage insurance other than collision written in the Commonwealth during the preceding calendar year.
B. Assessments received pursuant to subsection A of this section, and all other moneys received by the Commission for the same purpose, shall be segregated and placed in a fund to be known as the Help Eliminate Automobile Theft Fund, hereinafter referred to as the HEAT Fund.
C. Any insurer that fails to pay the assessment on or before the date prescribed in subsection A shall be subject to a penalty imposed by the Commission. The penalty shall be ten percent of the assessment and interest shall be charged at a rate pursuant to § 58.1-1812 for the period between the date due and the date of full payment. If a payment is made in an amount later found to be in error, the Commission shall, (i) if an additional amount is due, notify the insurer of the additional amount, which the insurer shall pay within fourteen days of the date of the notice or, (ii) if an overpayment is made, order a refund of the amount of the overpayment, which shall be paid out of the HEAT Fund. The Commission shall be reimbursed from the Fund for all expenses necessary for the administration of this section.
D. The HEAT Fund shall be controlled and administered by the Superintendent of the Department of State Police. The Superintendent shall appoint an advisory committee of seven members to assist in developing and annually reviewing the plan of operation for the HEAT Fund program.
E. Money in the HEAT Fund shall be expended as follows:
1. To pay the costs of establishing and operating a program to receive and reward information leading to the arrest of persons who commit motor vehicle theft-related crimes in Virginia.
2. Any uncommitted funds remaining in the HEAT Fund on the last day of February of each year may be transferred to the Department of State Police, Department of Motor Vehicles, or Department of Criminal Justice Services for the following purposes: (i) providing financial support to state or local law-enforcement agencies for motor vehicle theft enforcement efforts, (ii) providing financial support to local prosecutors or judicial agencies for programs designed to reduce the incidence of motor vehicle theft, and (iii) conducting educational programs to inform vehicle owners of methods of preventing motor vehicle theft.
1991, c. 318; 1993, c. 196.