reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2119. Approval of forms or provisions for certain risks

A. The Commission may approve and authorize the use of appropriate forms or provisions for supplemental contracts or extended coverage endorsements where the insured may be indemnified for (i) the difference between the actual cash value of the property at the time of loss and the cost of repair or replacement of the property on the same site with new materials of like kind and quality, within a reasonable time after the loss, and without deduction for depreciation, (ii) additional cost or loss by reason of any ordinance or law in force at the time of loss which necessitates the demolition of any portion of the insured property, (iii) any increased cost of repair or replacement by reason of any ordinance or law regulating construction or repair of the insured building, and (iv) loss from interruption of business, untenantability, or termination of leasehold interest because of damage to or destruction of the property described in the policy. These forms or provisions shall apply to coverage provided to an insured having any interest in an insured building or structure which is a part of the building described in the policy, including service equipment for the building.
B. Where any policy of insurance issued or delivered in this Commonwealth pursuant to this chapter provides for the payment of the full replacement cost of property insured thereunder, the policy shall permit the insured to assert a claim for the actual cash value of the property without prejudice to his right to thereafter assert a claim for the difference between the actual cash value and the full replacement cost unless a claim for full replacement cost has been previously resolved. Any claim for such difference must be made within six months of (i) the last date on which the insured received a payment for actual cash value or (ii) date of entry of a final order of a court of competent jurisdiction declaratory of the right of the insured to full replacement cost, whichever shall last occur.
C. Notwithstanding the provisions of § 38.2-2104, insurers may offer, as an option, coverage limited to the amount necessary to repair or replace damaged property with functionally equivalent property at a lower cost than would be required to repair or replace the damaged property with material of like kind and quality. Such policies may also permit, at the option of the insured, settlement based on the market value of the damaged property at the time of loss. No new policy of insurance covering property insured on a functional replacement cost basis shall be issued or delivered in the Commonwealth unless the following statement, printed in boldface type, is enclosed with the policy:
Important Notice
The coverage under this policy applies on a functional replacement cost basis which means that, under certain conditions, claims may be settled for less than the actual cash value of the property insured.
Code 1950, § 38-190; 1950, p. 995; 1952, c. 317, § 38.1-374; 1986, c. 562; 1992, c. 762; 1996, c. 373; 2016, c. 558.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2120. Optional coverage to be offered with homeowner's policy

Any insurer who issues or delivers a new or renewal homeowner's insurance policy in this Commonwealth shall offer as an option a provision insuring against loss caused or resulting from water which backs up through sewers or drains.
1974, c. 564, § 38.1-335.2; 1986, c. 562; 2016, c. 558.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2121. When courts may appoint umpires

Whenever appraisers selected under the standard provisions for fire insurance policies set out in § 38.2-2105 fail for fifteen days to agree upon a person to serve as umpire, the insured or the insurer may apply in writing, for the appointment of an umpire, to the judge of the circuit court of the county or city in which the damaged or destroyed property was located at the time of loss. If the application is filed by the insured, a copy of the application shall first be delivered to a registered agent of the insurer. If the application is filed by the insurer, a copy of the application shall first be delivered to the insured. Upon showing, by affidavit or otherwise, the failure or neglect of the appraisers to agree upon and select an umpire within the time specified in the policy, the judge shall upon twenty-one days' notice to all parties appoint a competent and disinterested person to serve as umpire in determining the amount of loss or damage sustained.
Code 1950, § 38-172; 1952, c. 317, § 38.1-375; 1986, c. 562; 1992, c. 470.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2122. Appraisers and umpires; oath to be taken

Whenever any appraisal is to be made under the standard provisions of a policy for loss or damage to property, each appraiser and umpire shall, before acting as such, take an oath that he is not directly or indirectly in the employment of the insured, the insurer, or any other insurer, that he is not related to the insured or any officer of the insurer, and that he will faithfully discharge the duties imposed upon him.
Code 1950, §§ 38-173, 38-174; 1952, c. 317, § 38.1-376; 1986, c. 562; 2022, c. 666.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2123. Chapter not applicable to certain mutual insurers

This chapter shall not apply to mutual assessment property and casualty insurers, or to mutual insurers and associations organized under the laws of this Commonwealth, conducting business only in this Commonwealth, and issuing only policies providing for perpetual insurance.
Code 1950, §§ 38-182, 38-183, 38-193; 1952, c. 317, § 38.1-378; 1960, c. 293; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2124. Optional coverage to be offered with fire insurance policy

Any insurer that issues or delivers in this Commonwealth a new or renewal contract or policy of fire insurance, or a new or renewal contract or policy of fire insurance in combination with other insurance coverages, shall offer in writing as an option a provision that property will be repaired or replaced in accordance with applicable ordinances or laws that regulate construction, repair or demolition.
1993, c. 156.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2125. Notice regarding flood exclusion

Any insurer that issues or delivers in this Commonwealth a new or renewal contract or policy of fire insurance, or a new or renewal contract or policy of fire insurance in combination with other insurance coverages, which policy or contract excludes coverage for damage due to flood, surface water, waves, tidal water, or any other overflow of a body of water, shall provide written notice that (i) explicitly states that flood coverage is excluded; (ii) states that information regarding flood insurance is available from the insurer, insurance agent or the National Flood Insurance Program; and (iii) advises the policyholder that contents coverage may be available with the flood policy for an additional premium.
2000, c. 401; 2004, c. 288.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2127. Notice of change in deductible

Whenever an insurer unilaterally changes the deductible under a policy written to insure an owner-occupied dwelling, the insurer shall provide a written notice that (i) explicitly states that the deductible has changed and (ii) explains how the new deductible will be applied. Nothing in this section shall allow an insurer to change a deductible except at renewal. This section shall apply to all policies renewed in the Commonwealth on or after October 1, 2004.
2004, c. 745.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2128. Certain exclusions permitted

Notwithstanding the provisions of § 38.2-2108, any insurer that issues or delivers in the Commonwealth a new or renewal policy written to insure an owner-occupied dwelling may, with the named insured's written consent, exclude from coverage any liability resulting from an injury caused by a dangerous or vicious animal owned by or in the care, custody, or control of the insured if such animal has bitten, attacked, or inflicted injury on a person or a companion animal. Such risk shall be specifically identified in the exclusion. Uniform policy forms or endorsements that will be used by the insurer for such exclusions shall be filed with the Commission pursuant to § 38.2-317 and shall contain a disclosure stating that the named insured has agreed to the specified risk being excluded under the policy. The insured's execution of the document evidencing his consent thereto shall be acknowledged before a notary public or witnessed by a disinterested person. Such signed exclusions, evidence of the insured's consent, and the insurer's documentation substantiating the reason for the exclusion shall be made available to the Commission upon request. Upon completion of the notarized or witnessed signed exclusion, the insurer shall not be required to obtain the insured's written consent for any subsequent policy renewals.
2004, c. 751.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2129. Notice regarding earthquake exclusion

Any insurer that issues or delivers in the Commonwealth a new or renewal contract or policy of fire insurance, or a new or renewal contract or policy of fire insurance in combination with other insurance coverages, which policy or contract excludes coverage for damage due to earthquake shall provide written notice that (i) explicitly states that "earthquake coverage is excluded unless purchased by endorsement" and (ii) if such coverage is otherwise available from the insurer, states that information regarding earthquake insurance is available from the insurer or the insurance agent.
2012, cc. 235, 346.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 21 - Fire Insurance Policies › § 38.2-2130. Coverage for volunteer fire department costs

Every insurer writing a fire policy or fire policy in combination with other insurance coverages shall provide coverage for the cost charged by a volunteer fire department that is not fully funded by real estate taxes or other property taxes for service charges where the fire department is called in to save or protect property insured under such policy from a peril insured against. The limit of such coverage shall be no less than $250. Higher coverage limits may be offered by an insurer for an additional premium. Any bill for such service charges shall be sent to the owner of the property for which the services were rendered. The amount billed shall not exceed the limit of such coverage. This coverage shall not apply to service charges made in response to a call outside of the volunteer fire department's fire protection district, city, or municipality pursuant to a contract.
2012, cc. 371, 561.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2200. Required provisions as to insolvency or bankruptcy, and as to when action maintained against insurer

No policy or contract insuring or indemnifying against liability for injury to or the death of any person, liability for injury to or destruction of property, or liability for injury to the economic interests of any person, shall be issued or delivered in the Commonwealth unless it contains in substance the following provisions or other provisions that are at least equally favorable to the insured and to judgment creditors:
1. That the insolvency or bankruptcy of the insured, or the insolvency of the insured's estate, shall not relieve the insurer of any of its obligations under the policy or contract.
2. That if execution on a judgment against the insured or his personal representative is returned unsatisfied in an action brought to recover damages for injury sustained or for loss or damage incurred during the life of the policy or contract, then an action may be maintained against the insurer under the terms of the policy or contract for the amount of the judgment not exceeding the amount of the applicable limit of coverage under the policy or contract.
Code 1950, § 38-238; 1952, c. 317, § 38.1-380; 1986, c. 562; 2005, c. 290.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2203. Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians

Notwithstanding any provision of any policy or contract of bodily injury liability insurance, when the policy or contract provides for reimbursement for any service that may be legally performed by a person licensed in this Commonwealth for the practice of chiropractic, reimbursement under the policy shall not be denied because the service is rendered by a licensed chiropractor.
1984, c. 441, § 38.1-380.3; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2205.1. Suspension of liability coverage at insured's request

A. Each insurer issuing or delivering a policy or contract of motor vehicle insurance that includes coverage for bodily injury or property damage liability arising from the ownership, maintenance or use of any motor vehicle as provided in this chapter, shall suspend any coverage for any motor vehicle at the request of a named insured ordered to military duty outside this Commonwealth, or his personal representative, during any period that the motor vehicle is impounded in a motor vehicle impound lot on a military base of the United States Armed Forces, the Reserves of the United States Armed Forces or the National Guard. However, an insurer may decline to suspend such coverage (i) unless satisfactory evidence of such impoundment is furnished to it, or (ii) if the period for which coverage suspension is requested is less than thirty days. The suspended coverage shall be reinstated upon request of the named insured, or his personal representative, effective not earlier than the receipt of such request by the insurer or any of its authorized representatives.
B. Any insurer suspending coverage pursuant to this section shall refund any unearned premium to the named insured, or his personal representative, on a pro rata basis.
C. The provisions of this section shall not alter or limit the insured's obligations under Article 8 (§ 46.2-705 et seq.) of Chapter 6 of Title 46.2.
1991, c. 699.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2207. No policy to exclude coverage to employee

No policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle, aircraft or watercraft shall exclude coverage to an employee of the insured in any controversy arising between employees even though one employee shall be awarded compensation as provided in Title 65.2.
Code 1950, § 38-238; 1952, c. 317, § 38.1-381; 1958, c. 282; 1959, Ex. Sess., cc. 42, 70; 1970, c. 462; 1962, c. 457; 1964, c. 477; 1966, cc. 182, 459; 1968, cc. 199, 721; 1970, c. 494; 1971, Ex. Sess., c. 216; 1973, cc. 225, 390; 1974, c. 87; 1976, cc. 121, 122; 1977, c. 78; 1979, c. 113; 1980, cc. 326, 331; 1981, Sp. Sess., c. 6; 1982, cc. 638, 642; 1984, c. 541; 1985, cc. 39, 325; 1986, c. 562; 1987, c. 519.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2209. Motor vehicle liability medical benefit insurer not to retain right of subrogation to recover from third party

No policy or contract of bodily injury or property damage liability insurance that contains any representation by an insurer to pay all reasonable medical expenses incurred for bodily injury caused by accident to the insured or any relative or other person coming within the provisions of the policy, shall be issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle then principally garaged or principally used in this Commonwealth, if the insurer retains the right of subrogation to recover amounts paid on behalf of an injured person under the provision of the policy from any third party.
1964, c. 612, § 38.1-381.2; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2210. Warning concerning cancellation to appear on application for motor vehicle liability insurance; reason for cancellation or nonrenewal required on application

A. Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle as defined in § 38.2-2212 shall have the following statement printed on or attached to the application, in boldface type: READ YOUR POLICY. THE POLICY OF INSURANCE FOR WHICH THIS APPLICATION IS BEING MADE, IF ISSUED, MAY BE CANCELLED WITHOUT CAUSE AT THE OPTION OF THE INSURER AT ANY TIME IN THE FIRST 60 DAYS DURING WHICH IT IS IN EFFECT AND AT ANY TIME THEREAFTER FOR REASONS STATED IN THE POLICY.
B. Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle defined in § 38.2-2212 that requires the insured to disclose information as to any previous cancellation or refusal to renew shall also permit the insured to offer or provide a full explanation of the reason for the cancellation or refusal to renew.
C. The notice required by this section shall be given by the insurer to any applicant within ten days of the application in the event the applicant is not provided a written copy of the application and the coverage has been bound by such insurer.
D. This section shall not apply to the renewal of any policy of insurance.
1966, c. 523, § 38.1-381.3; 1986, c. 562; 1988, cc. 655, 665; 2016, c. 558.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2211. Motor vehicle liability insurer not to receive credit for other medical expense insurance

No policy or contract of bodily injury or property damage liability insurance that contains any representation by an insurer to pay all reasonable medical expenses incurred for bodily injury caused by accident to the insured, relative or any other person coming within the provisions of the policy, shall be issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle then principally garaged or principally used in this Commonwealth, if the policy provides for credit against the medical expense coverage for any other medical expense insurance to which the injured person may be entitled. Nothing in this section allows the injured person to collect more than his actual medical expenses as a result of an accident from any one or any combination of all policies providing motor vehicle medical payment coverage applicable to the accident.
1968, c. 759, § 38.1-381.4; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2212.1. Powers of Commission; replacement policies

Upon the verified petition of an insurer, where the petitioning insurer proposes to replace all or substantially all of its policies in another insurer, the Commission may relieve the insurer of the requirements of subsection E of § 38.2-2212 and of the mailing requirements of § 38.2-2208, provided the insurer demonstrates to the satisfaction of the Commission that (i) the replacement policy is underwritten by an affiliate insurer under common control with the petitioning insurer; (ii) the replacement policy is substantially similar to the existing policy with the petitioning insurer; (iii) the premium charged for the replacement policy is no greater than that charged by the petitioning insurer for the existing policy; and (iv) the replacement insurer is duly licensed to transact the business of insurance in the Commonwealth of Virginia. The replacement insurer shall retain a copy of any offer of replacement for a period of one year from the expiration of any existing policy that is not replaced. The Commission may further condition any such relief to protect the best interests of the policyholder.
1991, c. 215.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2213. Discrimination in issuance of motor vehicle insurance

No insurer or agent shall refuse to issue a motor vehicle insurance policy as defined in § 38.2-2212 solely because of any one or more of the following factors: the age, sex, residence, race, color, creed, national origin, ancestry, marital status, sexual orientation, gender identity, status of a person as a foster care provider or a person in foster care, or lawful occupation, including the military service, of the person seeking the coverage. Nothing in this section prohibits any insurer from limiting the issuance of motor vehicle insurance policies to those who are residents of this Commonwealth nor does this section prohibit any insurer from limiting the issuance of motor vehicle insurance policies only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect. Nothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.
1976, c. 495, § 38.1-381.6; 1977, c. 181; 1983, c. 61; 1986, c. 562; 2019, c. 334; 2020, c. 1137.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2213.1. Certain action prohibited when motor vehicle owner fails to allow access to recorded data from recording device

No insurer or agent shall reduce coverage, increase the insured's premium, apply a surcharge, refuse to apply a discount other than a discount that is based on data recorded by a recording device as defined in § 46.2-1088.6, place in a less favorable tier, refuse to place in the company's best tier, or when there are multiple companies available within a group of insurers, fail to place in the most favorably priced company solely because a motor vehicle owner refuses to allow an insurer access to recorded data as defined in § 46.2-1088.6 from a recording device as defined in § 46.2-1088.6. However, nothing in this section shall prohibit an insurer from charging an actuarially sound rate in accordance with subdivision A 3 of § 38.2-1904.
2006, cc. 851, 889.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2214. Statement defining rate classifications to be provided by insurer to insured

Any insurer issuing motor vehicle insurance policies as defined in § 38.2-2212, including those policies assigned to any insurer by the Virginia Automobile Insurance Plan, shall provide the named insured with a statement defining his rate classifications. This statement shall be provided at the time of issuance or at the time of renewal if there has been a change in the named insured's rate classification. The statement shall not be considered a part of the policy and shall not be deemed a warranty or representation by the insurer to the insured.
The Commission shall approve the form of the statement prior to its use.
1977, c. 188, § 38.1-381.7; 1979, c. 4; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2215. Failure to issue or failure to renew motor vehicle liability insurance on the basis of a motor vehicle's age prohibited

No insurer or agent shall refuse to issue or fail to renew a policy of motor vehicle liability insurance solely because of the age of the motor vehicle to be insured, provided the motor vehicle is licensed.
1978, c. 56, § 38.1-381.8; 1983, c. 61; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2216. Medical benefit offset against liability or uninsured motorist coverage prohibited

No policy or contract of bodily injury liability insurance which contains any representation by an insurer to pay medical expenses incurred for bodily injuries caused by an accident to the insured or any relative or any other person coming under the provisions of the policy, shall be issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle then principally garaged or principally used in this Commonwealth, if the policy contains any provision reducing the amount of damages covered under the liability or uninsured motorist coverages of the policy by the amount of payments made by the insurer under the medical expense or other medical payments coverage of the policy.
1984, c. 383, § 38.1-381.9; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2217.1. Insurers required to renew motor vehicle liability coverage for vanpools; exceptions

A. As used in this section, "vanpooling" means the type of joint arrangement described in subdivision 5 of § 46.2-2000.1 and § 46.2-1400 where such motor vehicles are used to transport commuters to and from their places of employment on a regular basis. "Motor vehicle" as used in this section shall mean any motor vehicle designed to transport not less than ten nor more than fifteen passengers, including the driver, in fixed seats.
B. If an insurer as defined in § 38.2-2212 who issues or renews a policy of motor vehicle liability insurance to an insured who intends to use a vehicle for vanpooling which was not so used at the time the policy was issued or last renewed has received by certified mail thirty days' written notice that the insured intends to use the vehicle for vanpooling, the insurer shall not cancel or refuse to renew a policy of liability insurance coverage for such motor vehicle used in vanpooling as defined in subsection A of this section, except for one or both of the following specified reasons:
1. The named insured fails to discharge when due any payment of the premium for the policy or any installment thereof; or
2. The driving record of the named insured or any regular driver is such that it substantially increases the risk.
C. [Repealed.]
1986, c. 612, § 38.1-381.11; 1995, cc. 744, 803; 2002, c. 337.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2218. Adoption of standard forms for motor vehicle insurance

The Commission shall prepare a standard form whenever it believes that any form of policy or any form of rider, endorsement, or other supplemental agreement or provision, for use in connection with any contract of motor vehicle insurance to be issued or delivered upon any motor vehicle principally garaged or principally used in this Commonwealth, is so extensively used that a standard form is desirable. The Commission shall file a copy of the standard form in its office and shall provide by order that, at least 30 days after the order, the form shall become a standard form for use by all insurers unless objection to the proposed form is filed with the Commission within 20 days after the entry of the order. The Commission shall provide notice of its order to all insurers licensed to transact the class of insurance to which the form is applicable, and to all rate service and advisory organizations representing those insurers.
Code 1950, §§ 38-240, 38-551; 1952, c. 317, § 38.1-382; 1986, c. 562; 2022, c. 180.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2219. Hearing on objections to the form

If any insurer or rate service organization affected by an order entered pursuant to § 38.2-2218 files objections to a proposed standard form within the time prescribed in the Commission's order, the Commission shall rescind the order and shall provide notice of the rescission to all insurers and rate service organizations affected by the order that on a day specified in the notice, which shall be at least 30 days from the date on which the objections are received, it will hold a public hearing on the adoption of the proposed form, and that at the hearing any person interested may appear and be heard. After the hearing the Commission may by order confirm or amend the proposed form and set a day, at least 30 days after the entry of the order, when the approved form shall become a standard form for use by all insurers. The Commission may by order refuse to adopt the proposed form.
Code 1950, §§ 38-241, 38-552; 1952, c. 317, § 38.1-383; 1986, c. 562; 2022, c. 180.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2220. Use of form after adoption

Except as provided in § 38.2-2223, after any standard form is adopted by the Commission, no insurer shall use any form covering substantially the same provisions contained in the standard form unless it is in the precise language of the form filed and adopted by the Commission.
Code 1950, §§ 38-240, 38-551; 1952, c. 317, § 38.1-384; 1981, c. 172; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2221. Amendment of standard form

The Commission may amend the provisions of any standard form in the manner provided in this chapter for the adoption of a new standard form.
Code 1950, §§ 38-242, 38-553; 1952, c. 317, § 38.1-385; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2222. Withdrawal of form

Whenever the Commission believes there is no further necessity for requiring the use of any standard form adopted under the provisions of this chapter, it may, by order entered of record, withdraw the form, and thereafter its use shall not be required.
Code 1950, §§ 38-243, 38-554; 1952, c. 317, § 38.1-386; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2223. Variations of, or additions to, form

For the word "company" appearing in any standard form, there may be substituted a more accurate descriptive term for the type of insurer. Additional provisions, other than those in the standard form, or coverages more favorable than those in the standard form, may be used with a standard form by any insurer with the approval of the Commission. However, the Commission shall first determine that the more favorable coverage or the additional provisions are not in conflict or inconsistent with the standard form, the laws of this Commonwealth or any rules and regulations adopted by the Commission.
Code 1950, §§ 38-244, 38-555; 1952, c. 317, § 38.1-387; 1981, c. 172; 1986, c. 562; 1994, c. 316.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2224. Commission to establish guidelines for filing readable motor vehicle insurance policy forms

The Commission may establish guidelines for the filing of simplified and readable motor vehicle insurance policy forms that are acceptable for issuance. Notwithstanding the provisions of §§ 38.2-2218 through 38.2-2223, an insurer may issue a motor vehicle insurance policy that deviates in language, but not in substance or coverage, from the standard policy form provided for in §§ 38.2-2218 through 38.2-2223, if the deviating policy form is (i) in no respect less favorable to the insured than the standard form, and (ii) approved by the Commission prior to issuance.
1977, c. 255, § 38.1-387.1; 1981, c. 172; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2225. Sending copies of orders to companies affected

A copy of each order entered by the Commission in accordance with the provisions of this chapter shall be sent to every insurer and rate service organization affected by the order.
Code 1950, §§ 38-245, 38-556; 1952, c. 317, § 38.1-388; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2226. Insurer to give notice to claimant of intention to rely on certain defenses and of execution of nonwaiver of rights agreement

Whenever any insurer on a policy of liability insurance discovers a breach of the terms or conditions of the insurance contract by the insured, the insurer shall notify the claimant or the claimant's counsel of the breach. Notification shall be given within forty-five days after discovery by the insurer of the breach or of the claim, whichever is later. Whenever, on account of such breach, a nonwaiver of rights agreement is executed by the insurer and the insured, or a reservation of rights letter is sent by the insurer to the insured, notice of such action shall be given to the claimant or the claimant's counsel within forty-five days after that agreement is executed or the letter is sent, or after notice of the claim is received, whichever is later. Failure to give the notice within forty-five days will result in a waiver of the defense based on such breach to the extent of the claim by operation of law.
Notwithstanding the provisions of this section, in any claim in which a civil action has been filed by the claimant, the insurer shall give notice of reservation of rights in writing to the claimant, or if the claimant is represented by counsel, to claimant's counsel not less than thirty days prior to the date set for trial of the matter. The court, upon motion of the insurer and for good cause shown, may allow such notice to be given fewer than thirty days prior to the trial date. Failure to give the notice within thirty days of the trial date, or such shorter period as the court may have allowed, shall result in a waiver of the defense based on such breach to the extent of the claim by operation of law.
1968, c. 410, § 38.1-389.1; 1986, c. 562; 1997, c. 377; 2001, c. 728.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2226.1. Insurer to give notice of settlement of claim

Whenever any insurer on a policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle compromises, settles and discharges a claim made by a person other than the named insured that arose in connection with a motor vehicle accident involving an automobile covered by such policy or contract, the insurer, upon request by a named insured shall advise every named insured of the compromise, settlement and discharge of the claim.
2002, c. 405.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2227. Aircraft liability policy not to deny coverage for violation of federal or civil regulations, etc.; permitted exclusions or conditions

No insurance policy issued or delivered in this Commonwealth covering loss, expense, or liability arising out of the loss, maintenance, or use of an aircraft shall act to exclude or deny coverage because the aircraft is operated in violation of federal or civil regulations or any state or local ordinance. This section does not prohibit the use of specific exclusions or conditions in any policy that relates to any of the following:
1. Certification of an aircraft in a stated category by the Federal Aviation Administration;
2. Certification of a pilot in a stated category by the Federal Aviation Administration;
3. Establishing requirements for pilot experience; or
4. Restricting the use of the aircraft to the purposes stated in the policy.
1970, c. 227, § 38.1-389.2; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2228.2. Certain medical malpractice claims to be reported to the Commission

All medical malpractice claims settled or adjudicated to final judgment against a person, corporation, firm, or entity providing health care, and any such claim closed without payment during each calendar year shall be reported annually to the Commission by the insurer of the health care provider. The reports shall not identify the parties. The report shall state the following data, to the extent applicable, in a format prescribed by the Commission:
1. The nature of the claim and damages asserted;
2. The principal medical and legal issues;
3. Attorneys' fees and expenses paid in connection with the claim or defense, to the extent these amounts are known;
4. Attorneys' fees and expenses reserved in connection with the claim or defense;
5. The amount of the settlement or judgment awarded to the claimant to the extent this amount is known;
6. The specialty of each health care provider;
7. The date the claim was reported to the company;
8. The date the loss occurred;
9. The date the claim was closed;
10. The date and amount of the initial reserve;
11. The amount of loss paid by the insurer if different from the amount of settlement or judgment awarded to the claimant; and
12. Any other pertinent information the Commission may require as is consistent with the provisions of this section.
The report shall include a statistical summary of the information collected in addition to an individual report on each claim. The report shall be submitted in an electronic format. Statistical summaries and individual closed claim reports shall be a matter of public record, except that data reported under item 10 shall, at the request of the reporting insurer, not be disclosed in the public record.
The report shall be filed electronically by July 1 of the year following the applicable calendar year; however, a report with data for calendar years 2002, 2003, and 2004 shall be filed by September 1, 2005.
2005, cc. 649, 692.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2229. Claims-made liability insurance

Pursuant to the authority granted in § 38.2-223, the Commission may issue regulations regarding claims-made liability insurance policies. These regulations may include, but are not limited to, (i) the pricing of extended reporting period coverage, (ii) provisions for installment payment of premiums for such coverage, and (iii) the providing of such coverage in the event of the death, disability, or retirement of the insured.
1990, c. 241.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2230. Mandatory offer of rental reimbursement coverage

Every insurer issuing a new or renewal policy of motor vehicle insurance, as defined in § 38.2-2212, which provides comprehensive or collision coverage, shall offer in writing to the named insured the option of purchasing rental reimbursement coverage.
1994, c. 9.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2231. Physical damage arbitration between insurers; alternate forums

A. Except as otherwise provided hereafter, insurers shall arbitrate and settle all disputed claims made for automobile physical damage between them in accordance with the terms of the Nationwide Intercompany Arbitration Agreement, or any successor thereto, as adopted and from time to time amended by its members, and the rules promulgated pursuant to the Agreement, unless the parties mutually agree, on a per case basis, to use another forum, which forum may include a court of competent jurisdiction, in which case the claim shall be arbitrated or tried in that alternate forum. Mandatory arbitration of disputed claims shall be limited solely to the issues of liability and damages.
B. Every automobile liability or physical damage insurer doing business in the Commonwealth shall be a member of the Nationwide Intercompany Arbitration Agreement, or any successor thereto, sponsored by the Committee on Insurance Arbitration. However, if any such insurer is unable to furnish proof of its membership in such agreement, an action may be asserted in a court of competent jurisdiction.
1994, c. 346; 1999, c. 514.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 22 - Liability Insurance Policies › § 38.2-2233. Installment payments of motor vehicle insurance

Whenever an insurer who accepts payments of insurance in installments and has a set date for the payment of an installment unilaterally changes the due date for such installment payment, the insurer shall conspicuously disclose the new due date for the installment payment. This section shall apply to all policies of motor vehicle insurance, as defined in § 38.2-2212, issued or renewed on or after October 1, 2002.
2002, c. 629.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 23 - Legal Services Insurance › § 38.2-2300. Conditions; permitted contracts; approval

A. Legal services insurance may be offered in this Commonwealth subject to the following conditions:
1. Premium rates shall be made in accordance with Chapter 19 (§ 38.2-1900 et seq.) of this title.
2. No policy of legal services insurance may be delivered or issued for delivery in this Commonwealth unless it contains a provision that the insurer shall issue to the person in whose name the policy is issued, for delivery to each insured, a certificate summarizing the essential features of the insurance coverage and to whom benefits under the policy are payable. If dependents are included in the coverage, only one certificate need be issued for each family unit.
B. An insurer authorized to transact legal services insurance in this Commonwealth may, in connection with the implementation and operation of any legal services insurance program, contract with any person that offers and manages a group legal services insurance plan, including a state, city, county, or circuit bar association; or any person permitted to practice law in this Commonwealth.
C. The Commission shall not approve any legal services insurance contract if, after providing notice and opportunity to be heard, the Commission finds that the contract violates any law of this Commonwealth.
1976, c. 636, § 38.1-389.4; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 24 - Fidelity and Surety Insurance › § 38.2-2400. Class of insurance to which chapter applies

This chapter applies to fidelity and surety insurance as defined in §§ 38.2-120 and 38.2-121.
1952, c. 317, § 38.1-639; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 24 - Fidelity and Surety Insurance › § 38.2-2401. Fidelity and surety insurer defined

The term "fidelity and surety insurer" means any company licensed to transact fidelity or surety insurance in this Commonwealth, and includes any company elsewhere designated or referred to in this Code as a guaranty, indemnity, fidelity, surety or security company.
1952, c. 317, § 38.1-640; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 24 - Fidelity and Surety Insurance › § 38.2-2402. Fidelity and surety insurer not to transact insurance without appropriate license

No fidelity and surety insurer shall transact the business of fidelity insurance or surety insurance without first obtaining a license from the Commission to transact that class of insurance.
1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 24 - Fidelity and Surety Insurance › § 38.2-2403. Limitation of liability on risks

In applying the limitation specified in § 38.2-208 to fidelity and surety risks, the net amount of exposure on any single risk shall be considered to be within the prescribed limit if the fidelity and surety insurer is protected against losses in excess of the limit by:
1. Reinsurance with a fidelity and surety insurer that enables the obligee or beneficiary to maintain an action on the contract against the insurer jointly with the reinsurer;
2. The cosuretyship of any other fidelity and surety insurer;
3. A deposit of property with it in pledge, or conveyance of property to it in trust for its protection;
4. A conveyance or mortgage of property for its protection;
5. A deposit or other disposition of a portion of any property held in trust so that no future sale, mortgage, pledge or other disposition can be made of that portion of the property except with the consent of the fidelity and surety insurer or by decree or order of a competent court whenever the obligation is entered into on behalf or on account of a person holding property in a fiduciary capacity; or
6. A guarantee by the Small Business Administrator that the surety shall not suffer loss as set forth in the Small Business Investment Act of 1958.
Code 1950, §§ 38-343, 38-344; 1952, c. 317, § 38.1-641; 1986, c. 562; 1988, cc. 529, 548.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 24 - Fidelity and Surety Insurance › § 38.2-2404. Limit when penalty of bond exceeds actual exposure to risk

When the penalty of a suretyship obligation exceeds (i) the amount of a judgment described on the obligation as appealed from and secured by the obligation, (ii) the amount of the subject matter in controversy, or (iii) the amount of the estate held in trust by the person acting in a fiduciary capacity, the bond may be executed by any fidelity and surety insurer if the actual amount of the judgment or the subject matter in controversy or estate not subject to supervision or control of the surety is not in excess of the limitation specified in § 38.2-208. When the penalty of a suretyship obligation executed for the performance of a contract exceeds the contract price, the contract price shall be taken as the basis for estimating the limit of risk specified in § 38.2-208.
1952, c. 317, § 38.1-642; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 24 - Fidelity and Surety Insurance › § 38.2-2405. When insurer accepted as surety

Any fidelity and surety insurer shall be accepted as surety upon any bond required by the laws of this Commonwealth or by any court, judge, public officer, board, or organization upon presentation of evidence satisfactory to the court, judge, or other officer authorized to approve the bond that the insurer is licensed to transact surety insurance.
Code 1950, § 38-332; 1952, c. 317, § 38.1-643; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 24 - Fidelity and Surety Insurance › § 38.2-2406. Requirements deemed met by insurer

Whenever a bond, undertaking, recognizance, guaranty, or similar obligation is required, permitted, authorized or allowed by any law of this Commonwealth, or whenever the performance of any act, duty or obligation, or the refraining from any act, is required, permitted, authorized or allowed to be secured or guaranteed by any law of this Commonwealth, the bond or similar obligation, or the security or guaranty, may be executed by any fidelity and surety insurer licensed to execute such instruments. The execution by any fidelity and surety insurer of a bond, undertaking, recognizance, guaranty or similar obligation by its officer, attorney-in-fact, or other authorized representative shall be accepted as fully complying with every law or other requirement, now or hereafter in force, requiring that the bond, undertaking, recognizance, guaranty or similar obligation be given or accepted or that it be executed by one or more sureties, or that the surety or sureties be residents, householders or freeholders, or possess any other qualifications.
1952, c. 317, § 38.1-644; 1986, c. 562.
2023 Code of Virginia › Title 38.2 - Insurance › Chapter 24 - Fidelity and Surety Insurance › § 38.2-2409. Agreement for joint control of money and assets

Any person required to execute a bond, undertaking or other obligation may agree with his surety to deposit any or all assets for which he and his surety may be held responsible. The deposit shall be with a bank, savings bank, safe deposit company, or trust company authorized by law to do business as such, or with any other depository approved by the court or a judge of the court, if the deposit is otherwise proper. Assets shall be deposited for safekeeping and held in a manner that prevents the withdrawal of the whole or any part of the deposit without the written consent of the surety, or without an order of a court or a judge, made on any notice to the surety which the court or judge directs. The agreement shall not in any manner release or change the liability of the principal or sureties as established by the terms of the bond.
Code 1950, § 38-345; 1952, c. 317, § 38.1-645; 1986, c. 562.