{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-100.html"}],"law_id":59918,"edition_id":1,"section_id":59918,"structure_id":15661,"section_number":"38.2-100","catch_line":"Definitions","history":"Code 1950, \u00a7\u00a7 38-1, 38-194, 38-253.20, 38-253.67; 1952, c. 317, \u00a7\u00a7 38.1-1, 38.1-219; 1973, c. 504, \u00a7 38.1-279.30; 1980, c. 204, \u00a7 38.1-362.12; 1986, c. 562; 2001, c. 707; 2004, c. 668; 2017, cc. 653, 727; 2020, c. 264.","full_text":"As used in this title:\n\t\t&#8220;Alien company&#8221; means a company incorporated or organized under the laws of any country other than the United States.\n\t\t&#8220;Bureau&#8221; or &#8220;Bureau of Insurance&#8221; means the division of the Commission established to administer the insurance laws of the Commonwealth.\n\t\t&#8220;Commission&#8221; means the State Corporation Commission.\n\t\t&#8220;Commissioner&#8221; or &#8220;Commissioner of Insurance&#8221; means the administrative or executive officer of the Bureau.\n\t\t&#8220;Company&#8221; means any association, aggregate of individuals, business, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society.\n\t\t&#8220;Domestic company&#8221; means a company incorporated or organized under the laws of the Commonwealth.\n\t\t&#8220;Foreign company&#8221; means a company incorporated or organized under the laws of the United States, or of any state other than the Commonwealth.\n\t\t&#8220;Health services plan&#8221; means any arrangement for offering or administering health services or similar or related services by a corporation licensed under Chapter 42 (\u00a7 38.2-4200 et seq.).\n\t\t&#8220;Insurance&#8221; means the business of transferring risk by contract wherein a person, for a consideration, undertakes (i) to indemnify another person, (ii) to pay or provide a specified or ascertainable amount of money, or (iii) to provide a benefit or service upon the occurrence of a determinable risk contingency. Without limiting the foregoing, &#8220;insurance&#8221; shall include (i) each of the classifications of insurance set forth in Article 2 (\u00a7 38.2-101 et seq.) of this chapter and (ii) the issuance of group and individual contracts, certificates, or evidences of coverage by any health services plan as provided for in Chapter 42 (\u00a7 38.2-4200 et seq.), health maintenance organization as provided for in Chapter 43 (\u00a7 38.2-4300 et seq.), legal services organization or legal services plan as provided for in Chapter 44 (\u00a7 38.2-4400 et seq.), dental or optometric services plan as provided for in Chapter 45 (\u00a7 38.2-4500 et seq.), and dental plan organization as provided for in Chapter 61 (\u00a7 38.2-6100 et seq.). &#8220;Insurance&#8221; shall not include any activity involving a home service contract that is subject to regulation pursuant to Chapter 33.1 (\u00a7 59.1-434.1 et seq.) of Title 59.1; an extended service contract that is subject to regulation pursuant to Chapter 34 (\u00a7 59.1-435 et seq.) of Title 59.1; a warranty made by a manufacturer, seller, lessor, or builder of a product or service; or a service agreement offered by an automobile club as defined in subsection E of \u00a7 38.2-514.1.\n\t\t&#8220;Insurance company&#8221; means any company engaged in the business of making contracts of insurance.\n\t\t&#8220;Insurance transaction,&#8221; &#8220;insurance business,&#8221; and &#8220;business of insurance&#8221; include solicitation, negotiations preliminary to execution, execution of an insurance contract, and the transaction of matters subsequent to execution of the contract and arising out of it.\n\t\t&#8220;Insurer&#8221; means an insurance company.\n\t\t&#8220;Medicare&#8221; means the &#8220;Health Insurance for the Aged Act,&#8221; Title XVIII of the Social Security Amendment of 1965, as amended.\n\t\t&#8220;Person&#8221; means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society.\n\t\t&#8220;Rate&#8221; or &#8220;rates&#8221; means any rate of premium, policy fee, membership fee or any other charge made by an insurer for or in connection with a contract or policy of insurance. The terms &#8220;rate&#8221; or &#8220;rates&#8221; shall not include a membership fee paid to become a member of an organization or association, one of the benefits of which is the purchasing of insurance coverage.\n\t\t&#8220;Rate service organization&#8221; means any organization or person, other than a joint underwriting association under \u00a7 38.2-1915 or any employee of an insurer including those insurers under common control or management, who assists insurers in ratemaking or filing by:\n\na\n\nCollecting, compiling, and furnishing loss or expense statistics;b\n\nRecommending, making or filing rates or supplementary rate information; orc\n\nAdvising about rate questions, except as an attorney giving legal advice.\n\t\t\t&#8220;State&#8221; means any commonwealth, state, territory, district or insular possession of the United States.\n\t\t\t&#8220;Surplus to policyholders&#8221; means the excess of total admitted assets over the liabilities of an insurer, and shall be the sum of all capital and surplus accounts, including any voluntary reserves, minus any impairment of all capital and surplus accounts.\n\t\t\tWithout otherwise limiting the meaning of or defining the following terms, &#8220;insurance contracts&#8221; or &#8220;insurance policies&#8221; shall include contracts of fidelity, indemnity, guaranty and suretyship.","order_by":null,"text":{"0":{"id":219444,"text":"As used in this title:\n\t\t&#8220;Alien company&#8221; means a company incorporated or organized under the laws of any country other than the United States.\n\t\t&#8220;Bureau&#8221; or &#8220;Bureau of Insurance&#8221; means the division of the Commission established to administer the insurance laws of the Commonwealth.\n\t\t&#8220;Commission&#8221; means the State Corporation Commission.\n\t\t&#8220;Commissioner&#8221; or &#8220;Commissioner of Insurance&#8221; means the administrative or executive officer of the Bureau.\n\t\t&#8220;Company&#8221; means any association, aggregate of individuals, business, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society.\n\t\t&#8220;Domestic company&#8221; means a company incorporated or organized under the laws of the Commonwealth.\n\t\t&#8220;Foreign company&#8221; means a company incorporated or organized under the laws of the United States, or of any state other than the Commonwealth.\n\t\t&#8220;Health services plan&#8221; means any arrangement for offering or administering health services or similar or related services by a corporation licensed under Chapter 42 (\u00a7 38.2-4200 et seq.).\n\t\t&#8220;Insurance&#8221; means the business of transferring risk by contract wherein a person, for a consideration, undertakes (i) to indemnify another person, (ii) to pay or provide a specified or ascertainable amount of money, or (iii) to provide a benefit or service upon the occurrence of a determinable risk contingency. Without limiting the foregoing, &#8220;insurance&#8221; shall include (i) each of the classifications of insurance set forth in Article 2 (\u00a7 38.2-101 et seq.) of this chapter and (ii) the issuance of group and individual contracts, certificates, or evidences of coverage by any health services plan as provided for in Chapter 42 (\u00a7 38.2-4200 et seq.), health maintenance organization as provided for in Chapter 43 (\u00a7 38.2-4300 et seq.), legal services organization or legal services plan as provided for in Chapter 44 (\u00a7 38.2-4400 et seq.), dental or optometric services plan as provided for in Chapter 45 (\u00a7 38.2-4500 et seq.), and dental plan organization as provided for in Chapter 61 (\u00a7 38.2-6100 et seq.). &#8220;Insurance&#8221; shall not include any activity involving a home service contract that is subject to regulation pursuant to Chapter 33.1 (\u00a7 59.1-434.1 et seq.) of Title 59.1; an extended service contract that is subject to regulation pursuant to Chapter 34 (\u00a7 59.1-435 et seq.) of Title 59.1; a warranty made by a manufacturer, seller, lessor, or builder of a product or service; or a service agreement offered by an automobile club as defined in subsection E of \u00a7 38.2-514.1.\n\t\t&#8220;Insurance company&#8221; means any company engaged in the business of making contracts of insurance.\n\t\t&#8220;Insurance transaction,&#8221; &#8220;insurance business,&#8221; and &#8220;business of insurance&#8221; include solicitation, negotiations preliminary to execution, execution of an insurance contract, and the transaction of matters subsequent to execution of the contract and arising out of it.\n\t\t&#8220;Insurer&#8221; means an insurance company.\n\t\t&#8220;Medicare&#8221; means the &#8220;Health Insurance for the Aged Act,&#8221; Title XVIII of the Social Security Amendment of 1965, as amended.\n\t\t&#8220;Person&#8221; means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society.\n\t\t&#8220;Rate&#8221; or &#8220;rates&#8221; means any rate of premium, policy fee, membership fee or any other charge made by an insurer for or in connection with a contract or policy of insurance. The terms &#8220;rate&#8221; or &#8220;rates&#8221; shall not include a membership fee paid to become a member of an organization or association, one of the benefits of which is the purchasing of insurance coverage.\n\t\t&#8220;Rate service organization&#8221; means any organization or person, other than a joint underwriting association under \u00a7 38.2-1915 or any employee of an insurer including those insurers under common control or management, who assists insurers in ratemaking or filing by:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":219445,"text":"Collecting, compiling, and furnishing loss or expense statistics;","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"b"},"2":{"id":219446,"text":"Recommending, making or filing rates or supplementary rate information; or","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"3":{"id":219447,"text":"Advising about rate questions, except as an attorney giving legal advice.\n\t\t\t&#8220;State&#8221; means any commonwealth, state, territory, district or insular possession of the United States.\n\t\t\t&#8220;Surplus to policyholders&#8221; means the excess of total admitted assets over the liabilities of an insurer, and shall be the sum of all capital and surplus accounts, including any voluntary reserves, minus any impairment of all capital and surplus accounts.\n\t\t\tWithout otherwise limiting the meaning of or defining the following terms, &#8220;insurance contracts&#8221; or &#8220;insurance policies&#8221; shall include contracts of fidelity, indemnity, guaranty and suretyship.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b"}},"ancestry":[{"id":15661,"edition_id":1,"name":"Definitions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13745,"metadata":{},"date_created":"2026-06-26 03:57:35","date_modified":"2026-06-26 03:57:35","permalink":{"id":210665,"object_type":"structure","relational_id":15661,"identifier":"1","token":"38.2\/1\/1","url":"\/38.2\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13745,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:45","date_modified":"2026-06-26 03:45:45","permalink":{"id":210663,"object_type":"structure","relational_id":13745,"identifier":"1","token":"38.2\/1","url":"\/38.2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59918,"structure_id":15661,"section_number":"38.2-100","catch_line":"Definitions","url":"\/38.2-100\/","token":"38.2\/1\/1\/38.2-100","metadata":false},{"id":83347,"structure_id":15661,"section_number":"38.2-100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/38.2-100.1\/","token":"38.2\/1\/1\/38.2-100.1","metadata":false}],"next_section":{"id":83347,"structure_id":15661,"section_number":"38.2-100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/38.2-100.1\/","token":"38.2\/1\/1\/38.2-100.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-100\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 317; in 1973, chapter 504; in 1980, chapter 204; in 1986, chapter 562; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0707\">707<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0668\">668<\/a>; in 2017, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0653\">653<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0727\">727<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0264\">264<\/a>.<\/p>","references":[{"id":61027,"section_number":"19.2-392.15","catch_line":"(Effective July 1, 2026) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty","order_by":null,"url":"\/19.2-392.15\/"},{"id":81863,"section_number":"32.1-102.3:2","catch_line":"Certificates of public need; applications to be filed in response to Requests for Applications (RFAs)","order_by":null,"url":"\/32.1-102.3_2\/"},{"id":66587,"section_number":"38.2-1322","catch_line":"Definitions","order_by":null,"url":"\/38.2-1322\/"},{"id":65917,"section_number":"38.2-1334.11","catch_line":"Definitions","order_by":null,"url":"\/38.2-1334.11\/"},{"id":66267,"section_number":"38.2-1334.3","catch_line":"Definitions","order_by":null,"url":"\/38.2-1334.3\/"},{"id":58348,"section_number":"38.2-1347","catch_line":"Definitions","order_by":null,"url":"\/38.2-1347\/"},{"id":73266,"section_number":"38.2-2702","catch_line":"Establishment of residual market facility","order_by":null,"url":"\/38.2-2702\/"},{"id":65309,"section_number":"38.2-4123","catch_line":"Exemptions","order_by":null,"url":"\/38.2-4123\/"},{"id":67952,"section_number":"38.2-4319","catch_line":"Statutory construction and relationship to other laws","order_by":null,"url":"\/38.2-4319\/"},{"id":60078,"section_number":"38.2-4408","catch_line":"Application of certain provisions","order_by":null,"url":"\/38.2-4408\/"},{"id":79956,"section_number":"38.2-501","catch_line":"Definitions","order_by":null,"url":"\/38.2-501\/"},{"id":67626,"section_number":"38.2-508","catch_line":"Unfair discrimination","order_by":null,"url":"\/38.2-508\/"},{"id":68558,"section_number":"58.1-2501","catch_line":"Levy of license tax","order_by":null,"url":"\/58.1-2501\/"},{"id":81199,"section_number":"59.1-443.2","catch_line":"Restricted use of social security numbers","order_by":null,"url":"\/59.1-443.2\/"}],"refers_to":[{"id":72897,"section_number":"38.2-101","catch_line":"Classification of insurance","order_by":null,"url":"\/38.2-101\/"},{"id":77780,"section_number":"38.2-1915","catch_line":"Joint underwriting or joint reinsurance organizations","order_by":null,"url":"\/38.2-1915\/"},{"id":78890,"section_number":"38.2-4200","catch_line":"Applicability of chapter","order_by":null,"url":"\/38.2-4200\/"},{"id":72005,"section_number":"38.2-4300","catch_line":"Definitions","order_by":null,"url":"\/38.2-4300\/"},{"id":67200,"section_number":"38.2-4400","catch_line":"Definitions","order_by":null,"url":"\/38.2-4400\/"},{"id":59325,"section_number":"38.2-4500","catch_line":"Applicability of chapter","order_by":null,"url":"\/38.2-4500\/"},{"id":75763,"section_number":"38.2-514.1","catch_line":"Disclosure required","order_by":null,"url":"\/38.2-514.1\/"},{"id":64365,"section_number":"38.2-6100","catch_line":"Applicability of chapter","order_by":null,"url":"\/38.2-6100\/"},{"id":84450,"section_number":"59.1-434.1","catch_line":"Definitions","order_by":null,"url":"\/59.1-434.1\/"},{"id":65655,"section_number":"59.1-435","catch_line":"Definitions","order_by":null,"url":"\/59.1-435\/"}],"permalink":{"id":210667,"object_type":"law","relational_id":59918,"identifier":"38.2-100","token":"38.2\/1\/1\/38.2-100","url":"\/38.2-100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-100\/","token":"38.2\/1\/1\/38.2-100","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this title:\n\t\t&#8220;<span class=\"dictionary\">Alien company<\/span>&#8221; means a company incorporated or organized under the <span class=\"dictionary\">laws<\/span> of any country other than the United <span class=\"dictionary\">States<\/span>.\n\t\t&#8220;Bureau&#8221; or &#8220;<span class=\"dictionary\">Bureau of Insurance<\/span>&#8221; means the division of the <span class=\"dictionary\">Commission<\/span> established to administer the insurance <span class=\"dictionary\">laws<\/span> of the Commonwealth.\n\t\t&#8220;<span class=\"dictionary\">Commission<\/span>&#8221; means the <span class=\"dictionary\">State<\/span> Corporation <span class=\"dictionary\">Commission<\/span>.\n\t\t&#8220;Commissioner&#8221; or &#8220;<span class=\"dictionary\">Commissioner of Insurance<\/span>&#8221; means the administrative or executive officer of the Bureau.\n\t\t&#8220;Company&#8221; means any association, aggregate of individuals, business, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society.\n\t\t&#8220;<span class=\"dictionary\">Domestic company<\/span>&#8221; means a company incorporated or organized under the <span class=\"dictionary\">laws<\/span> of the Commonwealth.\n\t\t&#8220;<span class=\"dictionary\">Foreign company<\/span>&#8221; means a company incorporated or organized under the <span class=\"dictionary\">laws<\/span> of the United <span class=\"dictionary\">States<\/span>, or of any <span class=\"dictionary\">state<\/span> other than the Commonwealth.\n\t\t&#8220;<span class=\"dictionary\">Health services plan<\/span>&#8221; means any arrangement for offering or administering health services or similar or related services by a corporation licensed under Chapter 42 (\u00a7&nbsp;<a class=\"law\" title=\"Applicability of chapter\" href=\"\/38.2-4200\/\">38.2-4200<\/a> et seq.).\n\t\t&#8220;Insurance&#8221; means the business of transferring risk by <span class=\"dictionary\">contract<\/span> wherein a <span class=\"dictionary\">person<\/span>, for a consideration, undertakes (i) to indemnify another <span class=\"dictionary\">person<\/span>, (ii) to pay or provide a specified or ascertainable amount of money, or (iii) to provide a benefit or service upon the occurrence of a determinable risk contingency. Without limiting the foregoing, &#8220;insurance&#8221; shall include (i) each of the classifications of insurance set forth in Article 2 (\u00a7&nbsp;<a class=\"law\" title=\"Classification of insurance\" href=\"\/38.2-101\/\">38.2-101<\/a> et seq.) of this chapter and (ii) the issuance of group and individual <span class=\"dictionary\">contracts<\/span>, certificates, or <span class=\"dictionary\">evidences<\/span> of coverage by any <span class=\"dictionary\">health services plan<\/span> as provided for in Chapter 42 (\u00a7&nbsp;<a class=\"law\" title=\"Applicability of chapter\" href=\"\/38.2-4200\/\">38.2-4200<\/a> et seq.), health maintenance organization as provided for in Chapter 43 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/38.2-4300\/\">38.2-4300<\/a> et seq.), legal services organization or legal services plan as provided for in Chapter 44 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/38.2-4400\/\">38.2-4400<\/a> et seq.), dental or optometric services plan as provided for in Chapter 45 (\u00a7&nbsp;<a class=\"law\" title=\"Applicability of chapter\" href=\"\/38.2-4500\/\">38.2-4500<\/a> et seq.), and dental plan organization as provided for in Chapter 61 (\u00a7&nbsp;<a class=\"law\" title=\"Applicability of chapter\" href=\"\/38.2-6100\/\">38.2-6100<\/a> et seq.). &#8220;Insurance&#8221; shall not include any activity involving a home service <span class=\"dictionary\">contract<\/span> that is subject to regulation pursuant to Chapter 33.1 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/59.1-434.1\/\">59.1-434.1<\/a> et seq.) of Title 59.1; an extended service <span class=\"dictionary\">contract<\/span> that is subject to regulation pursuant to Chapter 34 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/59.1-435\/\">59.1-435<\/a> et seq.) of Title 59.1; a warranty made by a manufacturer, seller, lessor, or builder of a product or service; or a service agreement offered by an automobile club as defined in subsection E of \u00a7&nbsp;<a class=\"law\" title=\"Disclosure required\" href=\"\/38.2-514.1\/\">38.2-514.1<\/a>.\n\t\t&#8220;<span class=\"dictionary\">Insurance company<\/span>&#8221; means any company engaged in the business of making <span class=\"dictionary\">contracts<\/span> of insurance.\n\t\t&#8220;Insurance transaction,&#8221; &#8220;insurance business,&#8221; and &#8220;business of insurance&#8221; include solicitation, negotiations preliminary to execution, execution of an insurance <span class=\"dictionary\">contract<\/span>, and the transaction of matters subsequent to execution of the <span class=\"dictionary\">contract<\/span> and arising out of it.\n\t\t&#8220;<span class=\"dictionary\">Insurer<\/span>&#8221; means an <span class=\"dictionary\">insurance company<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Medicare<\/span>&#8221; means the &#8220;Health Insurance for the Aged Act,&#8221; Title XVIII of the Social Security Amendment of 1965, as amended.\n\t\t&#8220;<span class=\"dictionary\">Person<\/span>&#8221; means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society.\n\t\t&#8220;Rate&#8221; or &#8220;<span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span>&#8221; means any rate of premium, policy fee, membership fee or any other charge made by an <span class=\"dictionary\">insurer<\/span> for or in connection with a <span class=\"dictionary\">contract<\/span> or policy of insurance. The terms &#8220;rate&#8221; or &#8220;<span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span>&#8221; shall not include a membership fee paid to become a member of an organization or association, one of the benefits of which is the purchasing of insurance coverage.\n\t\t&#8220;<span class=\"dictionary\">Rate service organization<\/span>&#8221; means any organization or <span class=\"dictionary\">person<\/span>, other than a joint underwriting association under \u00a7&nbsp;<a class=\"law\" title=\"Joint underwriting or joint reinsurance organizations\" href=\"\/38.2-1915\/\">38.2-1915<\/a> or any employee of an <span class=\"dictionary\">insurer<\/span> including those <span class=\"dictionary\">insurers<\/span> under common control or management, who assists <span class=\"dictionary\">insurers<\/span> in ratemaking or filing by:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"a\"><p><span class=\"prefix-number\">a.<\/span> Collecting, compiling, and furnishing loss or expense statistics; <a id=\"paragraph-219445\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-100\/#a\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b\"><p><span class=\"prefix-number\">b.<\/span> Recommending, making or filing <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> or supplementary rate information; or <a id=\"paragraph-219446\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-100\/#b\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"c\"><p><span class=\"prefix-number\">c.<\/span> Advising about rate questions, except as an attorney giving legal advice.\n\t\t\t&#8220;<span class=\"dictionary\">State<\/span>&#8221; means any commonwealth, <span class=\"dictionary\">state<\/span>, territory, district or insular <span class=\"dictionary\">possession<\/span> of the United <span class=\"dictionary\">States<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Surplus to policyholders<\/span>&#8221; means the excess of total admitted <span class=\"dictionary\">assets<\/span> over the liabilities of an <span class=\"dictionary\">insurer<\/span>, and shall be the sum of all capital and surplus accounts, including any voluntary reserves, minus any impairment of all capital and surplus accounts.\n\t\t\tWithout otherwise limiting the meaning of or defining the following terms, &#8220;<span class=\"dictionary\">insurance contracts<\/span>&#8221; or &#8220;<span class=\"dictionary\">insurance policies<\/span>&#8221; shall include contracts of fidelity, indemnity, guaranty and suretyship. <a id=\"paragraph-219447\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-100\/#c\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 38.2-100)\n\nAs used in this title:\n\t\t&#8220;Alien company&#8221; means a company incorporated or organized under\nthe laws of any country other than the United States.\n\t\t&#8220;Bureau&#8221; or &#8220;Bureau of Insurance&#8221; means the division\nof the Commission established to administer the insurance laws of the\nCommonwealth.\n\t\t&#8220;Commission&#8221; means the State Corporation Commission.\n\t\t&#8220;Commissioner&#8221; or &#8220;Commissioner of Insurance&#8221; means\nthe administrative or executive officer of the Bureau.\n\t\t&#8220;Company&#8221; means any association, aggregate of individuals,\nbusiness, corporation, individual, joint-stock company, Lloyds type of\norganization, organization, partnership, receiver, reciprocal or interinsurance\nexchange, trustee or society.\n\t\t&#8220;Domestic company&#8221; means a company incorporated or organized under\nthe laws of the Commonwealth.\n\t\t&#8220;Foreign company&#8221; means a company incorporated or organized under\nthe laws of the United States, or of any state other than the Commonwealth.\n\t\t&#8220;Health services plan&#8221; means any arrangement for offering or\nadministering health services or similar or related services by a corporation\nlicensed under Chapter 42 (\u00a7 38.2-4200 et seq.).\n\t\t&#8220;Insurance&#8221; means the business of transferring risk by contract\nwherein a person, for a consideration, undertakes (i) to indemnify another\nperson, (ii) to pay or provide a specified or ascertainable amount of money, or\n(iii) to provide a benefit or service upon the occurrence of a determinable risk\ncontingency. Without limiting the foregoing, &#8220;insurance&#8221; shall\ninclude (i) each of the classifications of insurance set forth in Article 2 (\u00a7\n38.2-101 et seq.) of this chapter and (ii) the issuance of group and individual\ncontracts, certificates, or evidences of coverage by any health services plan as\nprovided for in Chapter 42 (\u00a7 38.2-4200 et seq.), health maintenance\norganization as provided for in Chapter 43 (\u00a7 38.2-4300 et seq.), legal\nservices organization or legal services plan as provided for in Chapter 44 (\u00a7\n38.2-4400 et seq.), dental or optometric services plan as provided for in\nChapter 45 (\u00a7 38.2-4500 et seq.), and dental plan organization as provided for\nin Chapter 61 (\u00a7 38.2-6100 et seq.). &#8220;Insurance&#8221; shall not include\nany activity involving a home service contract that is subject to regulation\npursuant to Chapter 33.1 (\u00a7 59.1-434.1 et seq.) of Title 59.1; an extended\nservice contract that is subject to regulation pursuant to Chapter 34 (\u00a7\n59.1-435 et seq.) of Title 59.1; a warranty made by a manufacturer, seller,\nlessor, or builder of a product or service; or a service agreement offered by an\nautomobile club as defined in subsection E of \u00a7 38.2-514.1.\n\t\t&#8220;Insurance company&#8221; means any company engaged in the business of\nmaking contracts of insurance.\n\t\t&#8220;Insurance transaction,&#8221; &#8220;insurance business,&#8221; and\n&#8220;business of insurance&#8221; include solicitation, negotiations\npreliminary to execution, execution of an insurance contract, and the\ntransaction of matters subsequent to execution of the contract and arising out\nof it.\n\t\t&#8220;Insurer&#8221; means an insurance company.\n\t\t&#8220;Medicare&#8221; means the &#8220;Health Insurance for the Aged\nAct,&#8221; Title XVIII of the Social Security Amendment of 1965, as amended.\n\t\t&#8220;Person&#8221; means any association, aggregate of individuals,\nbusiness, company, corporation, individual, joint-stock company, Lloyds type of\norganization, organization, partnership, receiver, reciprocal or interinsurance\nexchange, trustee or society.\n\t\t&#8220;Rate&#8221; or &#8220;rates&#8221; means any rate of premium, policy\nfee, membership fee or any other charge made by an insurer for or in connection\nwith a contract or policy of insurance. The terms &#8220;rate&#8221; or\n&#8220;rates&#8221; shall not include a membership fee paid to become a member\nof an organization or association, one of the benefits of which is the\npurchasing of insurance coverage.\n\t\t&#8220;Rate service organization&#8221; means any organization or person,\nother than a joint underwriting association under \u00a7 38.2-1915 or any employee\nof an insurer including those insurers under common control or management, who\nassists insurers in ratemaking or filing by:\n\na. Collecting, compiling, and furnishing loss or expense statistics;\n\nb. Recommending, making or filing rates or supplementary rate information; or\n\nc. Advising about rate questions, except as an attorney giving legal advice.\n\t\t\t&#8220;State&#8221; means any commonwealth, state, territory, district or\ninsular possession of the United States.\n\t\t\t&#8220;Surplus to policyholders&#8221; means the excess of total admitted\nassets over the liabilities of an insurer, and shall be the sum of all capital\nand surplus accounts, including any voluntary reserves, minus any impairment of\nall capital and surplus accounts.\n\t\t\tWithout otherwise limiting the meaning of or defining the following terms,\n&#8220;insurance contracts&#8221; or &#8220;insurance policies&#8221; shall\ninclude contracts of fidelity, indemnity, guaranty and suretyship.\n\nHISTORY: Code 1950, \u00a7\u00a7 38-1, 38-194, 38-253.20, 38-253.67; 1952, c. 317, \u00a7\u00a7\n38.1-1, 38.1-219; 1973, c. 504, \u00a7 38.1-279.30; 1980, c. 204, \u00a7 38.1-362.12;\n1986, c. 562; 2001, c. 707; 2004, c. 668; 2017, cc. 653, 727; 2020, c. 264.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}