Code of Virginia - Title 38.2 Insurance - Chapter 19 Regulation Of Rates Generally
- 38.2-1900 Purposes of chapter
A. This chapter shall be liberally construed to achieve the purposes stated in subsection B of this section. B. The purposes of this chapter are ...
- 38.2-1901 Definitions
As used in this chapter: "Classification system" or "classification" means the plan, system, or arrangement for grouping risks with similar characteristics or a specified class ...
- 38.2-1902 Scope of chapter
A. Except as provided in subsection B of this section, this chapter applies to the classes of insurance defined in §§ 38.2-110 through 38.2-122, 38.2-124 ...
- 38.2-1903 Exemptions
The Commission may by rule exempt any person, class of persons, or market segment from any or all of the provisions of this chapter to ...
- 38.2-1903.1 Exemptions of large commercial risks
A. Notwithstanding any other provision of this title, an insurer shall not be required to file with, or to receive approval from, the Commission for ...
- 38.2-1904 Rate standards
A. Rates for the classes of insurance to which this chapter applies shall not be excessive, inadequate or unfairly discriminatory. All rates and all changes ...
- 38.2-1905 Motor vehicle insurer not to charge points or increase premiums in certain instances
A. No insurer may increase its insured's premium or may charge points under a safe driver insurance plan to its insured as a result of ...
- 38.2-1905.1 , 38.2-1905.2
Repealed by Acts 1997, c. 199. ...
- 38.2-1906 Filing and use of rates
A. Each authorized insurer subject to the provisions of this chapter shall file with the Commission all rates and supplementary rate information and all changes ...
- 38.2-1906.1 Misquote of premium
Notwithstanding any other provision of this chapter, if an insurer or its agent provides a written quotation for insurance to an insured or applicant for ...
- 38.2-1907 Filings open to inspection
Each filing and all supplementary rate information filed under this chapter shall be open to public inspection. Copies may be obtained by any person on ...
- 38.2-1908 Rate making and delegation of filing obligation
A. An insurer shall establish rates and supplementary rate information for any market segment based on the factors in § 38.2-1904. A rate service organization ...
- 38.2-1909 Review of rates by Commission
The Commission may investigate and determine, (i) upon its own motion, (ii) at the request of any citizen or any interested party in this Commonwealth, ...
- 38.2-1910 Disapproval of rates
A. If the Commission finds, after providing notice and opportunity to be heard, that a rate is not in compliance with § 38.2-1904, or is ...
- 38.2-1911 Special restrictions on individual insurers
A. The Commission may by order require that a particular insurer file any or all of its rates and supplementary rate information thirty days prior ...
- 38.2-1912 Delayed effect of rates; certification of reinsurance with affiliated company
A. If the Commission finds in any class, line, or subdivision of insurance, or in any rating class or rating territory or for insurance as ...
- 38.2-1912.1 Approval of prospective loss costs and supplementary rate information; { 38.2-119 rate filing...
A. No prospective loss costs or supplementary rate information for insurance as defined in § 38.2-119 shall be applied or be used in this Commonwealth ...
- 38.2-1913 Operation and control of rate service organizations
A. No rate service organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall use ...
- 38.2-1914 Licensing of rate service organizations
A. A rate service organization applying for a license as required by § 38.2-1913 shall include with its application: 1. A copy of its constitution, ...
- 38.2-1915 Joint underwriting or joint reinsurance organizations
A. Each group, association or other organization of insurers that engages in joint underwriting or joint reinsurance for a class of insurance to which this ...
- 38.2-1916 Certain conduct by insurers and rate service organizations prohibited
A. As used in this section, the word "insurer" includes two or more insurers (i) under common management, (ii) under common controlling ownership or (iii) ...
- 38.2-1916.1 Investigation by Attorney General of suspected violations; investigative demand to witnesses; acces...
A. 1. Whenever it appears to the Attorney General, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or ...
- 38.2-1916.2 Penalties; injunctive relief; restitution
A. Notwithstanding the provisions of § 38.2-218, any insurer, rate service organization or other person who knowingly or willfully violates any provision of § 38.2-1916 ...
- 38.2-1917 Injunctive relief
Any person injured in his business or property by reason of any violation of § 38.2-1916 may maintain an action to enjoin the violation. (1976, ...
- 38.2-1918 Agreements for equitable apportionment of insurance
A. Nothing in this chapter shall prohibit the making of agreements among insurers for the equitable apportionment among them of insurance which may be afforded ...
- 38.2-1919 Collection of experience data; uniformity; compilations available to insurers and rate service orga...
A. The Commission may promulgate reasonable rules and statistical plans for each of the rating systems on file with it, which may be modified from ...
- 38.2-1919.1 Interchange of rating data and information
To promote uniform administration of rate regulatory laws, the Commission and each insurer and each rate service organization subject to this chapter may (i) exchange ...
- 38.2-1920 Excess rate for a specific risk
Subject to the Commission's approval, a rate in excess of that provided by an applicable filing may be used for a specific risk upon the ...
- 38.2-1921 Combination policies
The Commission may approve for use in this Commonwealth policies or forms for writing at divisible or indivisible rates and premiums any combination of the ...
- 38.2-1921.1 Professional employer organization workers' compensation rating
A. Whenever any professional employer organization enters into an agreement with a client company to provide professional employer services, the experience rating of the professional ...
- 38.2-1922 No rule prohibiting or regulating payment of dividends, etc., to be adopted
No rate service organization subject to this chapter shall adopt any rule prohibiting or regulating the payment of dividends, savings or unabsorbed premium deposits allowed ...
- 38.2-1923 Person aggrieved by application of rating system to be heard; appeal to Commission
Each rate service organization and each insurer subject to this chapter shall provide within this Commonwealth reasonable means for any person aggrieved by the application ...
- 38.2-1924 Cooperation among rate service organizations, or among rate service organizations and insurers, aut...
Cooperation among rate service organizations or among rate service organizations and insurers in rate making or in other matters within the scope of this chapter ...
- 38.2-1925 Examination of rate service organizations and joint underwriting and joint reinsurance organization...
A. Whenever the Commission considers it necessary to be informed about any matter related to the enforcement of the insurance laws, it may examine the ...
- 38.2-1926 Action of Commission upon request for hearing on order or decision made without a hearing
A. Any person aggrieved by an order or a decision of the Commission made under this chapter without a hearing may, within thirty days after ...
- 38.2-1927 Withholding information; giving false or misleading information
No person shall willfully withhold information from or knowingly give false or misleading information to (i) the Commission, (ii) any statistical agency designated by the ...
- 38.2-1928 Violations of chapter
The issuance, procurement or negotiation of a single policy of insurance shall be deemed a separate violation. (1973, c. 504, § 38.1-279.56; 1976, c. 279; ...
Last modified: April 3, 2009