§ 38.2-612 Bases for adverse underwriting decisions
A. No insurance institution or agent may base an adverse underwriting decision in whole or in part:
1. On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism. However, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
2. On personal information received from an insurance-support organization whose primary source of information is insurance institutions. However, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from an insurance-support organization; or
3. On the fact that an individual previously obtained insurance coverage from a particular insurance institution or agent.
B. No insurance institution or agent may base an adverse underwriting decision solely on the loss history of a previous owner of the property to be insured.
History
This law was first created in 1981. The record of its establishment is cataloged in chapter 389 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 “Acts” aren’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 562; in 1990, chapter 524; in 2003, chapter 415.
1981, c. 389, § 38.1-57.15; 1986, c. 562; 1990, c. 524; 2003, c. 415.