{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-109.html"}],"law_id":75359,"edition_id":1,"section_id":75359,"structure_id":13746,"section_number":"38.2-109","catch_line":"Accident and sickness","history":"1952, c. 317, \u00a7 38.1-5; 1986, c. 562; 1997, c. 28.","full_text":"A\n\n“Accident and sickness insurance” means insurance against loss resulting from sickness, or from bodily injury or death by accident or accidental means, or from a combination of any or all of these perils. As used in this title, unless the context requires otherwise, the term “accident and sickness insurance” shall be deemed to include “credit accident and sickness insurance.”B\n\nThe term “accident and sickness insurance” shall also include agreements insuring against losses resulting from health care claims or expenses of health care in excess of a specific or aggregate dollar amount, when such agreements are used to provide coverage to (i) an employee welfare benefit plan or any other plan providing accident and sickness benefits, (ii) a health maintenance organization, or (iii) a provider associated with a managed care network, provided:1\n\nThe agreement clearly discloses the extent and duration of the liability assumed by the insurer once the policyholder’s liability has been exceeded; and2\n\nThe insurer maintains reserves in accordance with § 38.2-1314 for the liability it assumes under the agreement.\n\t\t\t\tSuch agreements shall not be subject to the requirements of Chapters 34 (§ 38.2-3400 et seq.) and 35 (§ 38.2-3500 et seq.) of this title.","order_by":null,"text":{"0":{"id":270506,"text":"“Accident and sickness insurance” means insurance against loss resulting from sickness, or from bodily injury or death by accident or accidental means, or from a combination of any or all of these perils. As used in this title, unless the context requires otherwise, the term “accident and sickness insurance” shall be deemed to include “credit accident and sickness insurance.”","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270507,"text":"The term “accident and sickness insurance” shall also include agreements insuring against losses resulting from health care claims or expenses of health care in excess of a specific or aggregate dollar amount, when such agreements are used to provide coverage to (i) an employee welfare benefit plan or any other plan providing accident and sickness benefits, (ii) a health maintenance organization, or (iii) a provider associated with a managed care network, provided:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":270508,"text":"The agreement clearly discloses the extent and duration of the liability assumed by the insurer once the policyholder’s liability has been exceeded; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":270509,"text":"The insurer maintains reserves in accordance with § 38.2-1314 for the liability it assumes under the agreement.\n\t\t\t\tSuch agreements shall not be subject to the requirements of Chapters 34 (§ 38.2-3400 et seq.) and 35 (§ 38.2-3500 et seq.) of this title.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1"}},"ancestry":[{"id":13746,"edition_id":1,"name":"Insurance Classified and Defined","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13745,"metadata":{},"date_created":"2026-06-26 03:45:45","date_modified":"2026-06-26 03:45:45","permalink":{"id":210675,"object_type":"structure","relational_id":13746,"identifier":"2","token":"38.2\/1\/2","url":"\/38.2\/1\/2\/","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":72897,"structure_id":13746,"section_number":"38.2-101","catch_line":"Classification of insurance","url":"\/38.2-101\/","token":"38.2\/1\/2\/38.2-101","metadata":false},{"id":57209,"structure_id":13746,"section_number":"38.2-102","catch_line":"Life","url":"\/38.2-102\/","token":"38.2\/1\/2\/38.2-102","metadata":false},{"id":76182,"structure_id":13746,"section_number":"38.2-103","catch_line":"Credit life","url":"\/38.2-103\/","token":"38.2\/1\/2\/38.2-103","metadata":false},{"id":67449,"structure_id":13746,"section_number":"38.2-104","catch_line":"Industrial life","url":"\/38.2-104\/","token":"38.2\/1\/2\/38.2-104","metadata":false},{"id":57228,"structure_id":13746,"section_number":"38.2-105","catch_line":"Variable 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liability","url":"\/38.2-117\/","token":"38.2\/1\/2\/38.2-117","metadata":false},{"id":58741,"structure_id":13746,"section_number":"38.2-118","catch_line":"Property damage liability","url":"\/38.2-118\/","token":"38.2\/1\/2\/38.2-118","metadata":false},{"id":80898,"structure_id":13746,"section_number":"38.2-119","catch_line":"Workers' compensation and employers' liability","url":"\/38.2-119\/","token":"38.2\/1\/2\/38.2-119","metadata":false},{"id":60879,"structure_id":13746,"section_number":"38.2-120","catch_line":"Fidelity","url":"\/38.2-120\/","token":"38.2\/1\/2\/38.2-120","metadata":false},{"id":82253,"structure_id":13746,"section_number":"38.2-121","catch_line":"Surety","url":"\/38.2-121\/","token":"38.2\/1\/2\/38.2-121","metadata":false},{"id":82832,"structure_id":13746,"section_number":"38.2-122","catch_line":"Credit","url":"\/38.2-122\/","token":"38.2\/1\/2\/38.2-122","metadata":false},{"id":69638,"structure_id":13746,"section_number":"38.2-122.1","catch_line":"Credit involuntary unemployment insurance","url":"\/38.2-122.1\/","token":"38.2\/1\/2\/38.2-122.1","metadata":false},{"id":69580,"structure_id":13746,"section_number":"38.2-122.2","catch_line":"Credit property insurance","url":"\/38.2-122.2\/","token":"38.2\/1\/2\/38.2-122.2","metadata":false},{"id":54747,"structure_id":13746,"section_number":"38.2-123","catch_line":"Title","url":"\/38.2-123\/","token":"38.2\/1\/2\/38.2-123","metadata":false},{"id":66976,"structure_id":13746,"section_number":"38.2-124","catch_line":"Motor vehicle","url":"\/38.2-124\/","token":"38.2\/1\/2\/38.2-124","metadata":false},{"id":66153,"structure_id":13746,"section_number":"38.2-125","catch_line":"Aircraft","url":"\/38.2-125\/","token":"38.2\/1\/2\/38.2-125","metadata":false},{"id":63990,"structure_id":13746,"section_number":"38.2-126","catch_line":"Marine","url":"\/38.2-126\/","token":"38.2\/1\/2\/38.2-126","metadata":false},{"id":65571,"structure_id":13746,"section_number":"38.2-127","catch_line":"Legal services insurance","url":"\/38.2-127\/","token":"38.2\/1\/2\/38.2-127","metadata":false},{"id":69932,"structure_id":13746,"section_number":"38.2-128","catch_line":"Mortgage guaranty insurance","url":"\/38.2-128\/","token":"38.2\/1\/2\/38.2-128","metadata":false},{"id":57616,"structure_id":13746,"section_number":"38.2-129","catch_line":"Home protection insurance","url":"\/38.2-129\/","token":"38.2\/1\/2\/38.2-129","metadata":false},{"id":75005,"structure_id":13746,"section_number":"38.2-130","catch_line":"Homeowners insurance","url":"\/38.2-130\/","token":"38.2\/1\/2\/38.2-130","metadata":false},{"id":79979,"structure_id":13746,"section_number":"38.2-131","catch_line":"Farmowners insurance","url":"\/38.2-131\/","token":"38.2\/1\/2\/38.2-131","metadata":false},{"id":60601,"structure_id":13746,"section_number":"38.2-132","catch_line":"Commercial multi-peril insurance","url":"\/38.2-132\/","token":"38.2\/1\/2\/38.2-132","metadata":false},{"id":85493,"structure_id":13746,"section_number":"38.2-133","catch_line":"Contingent and consequential losses","url":"\/38.2-133\/","token":"38.2\/1\/2\/38.2-133","metadata":false},{"id":74943,"structure_id":13746,"section_number":"38.2-134","catch_line":"Definitions to include other insurance of same general kind","url":"\/38.2-134\/","token":"38.2\/1\/2\/38.2-134","metadata":false}],"previous_section":{"id":62263,"structure_id":13746,"section_number":"38.2-108","catch_line":"Credit accident and sickness","url":"\/38.2-108\/","token":"38.2\/1\/2\/38.2-108","metadata":false},"next_section":{"id":56505,"structure_id":13746,"section_number":"38.2-110","catch_line":"Fire","url":"\/38.2-110\/","token":"38.2\/1\/2\/38.2-110","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-109\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 317 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1952 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1986, chapter 562; in 1997, chapter 28<\/a>.<\/p>","references":[{"id":69638,"section_number":"38.2-122.1","catch_line":"Credit involuntary unemployment insurance","order_by":null,"url":"\/38.2-122.1\/"},{"id":60734,"section_number":"38.2-1311","catch_line":"Valuation reserves","order_by":null,"url":"\/38.2-1311\/"},{"id":83144,"section_number":"38.2-1313","catch_line":"Loss records","order_by":null,"url":"\/38.2-1313\/"},{"id":85176,"section_number":"38.2-1700","catch_line":"Purpose and applicability of chapter","order_by":null,"url":"\/38.2-1700\/"},{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"},{"id":75319,"section_number":"38.2-1828","catch_line":"Selling accident and sickness insurance","order_by":null,"url":"\/38.2-1828\/"},{"id":58116,"section_number":"38.2-1837","catch_line":"Definitions","order_by":null,"url":"\/38.2-1837\/"},{"id":63256,"section_number":"38.2-1857.1","catch_line":"Property and casualty insurance agents may be licensed as surplus lines brokers for certain insurance from eligible nonadmitted insurers","order_by":null,"url":"\/38.2-1857.1\/"},{"id":74191,"section_number":"38.2-1902","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-1902\/"},{"id":82223,"section_number":"38.2-232","catch_line":"Notice of lapse or pending lapse of certain life and accident and sickness insurance policies","order_by":null,"url":"\/38.2-232\/"},{"id":57593,"section_number":"38.2-3400","catch_line":"Application of chapter","order_by":null,"url":"\/38.2-3400\/"},{"id":65279,"section_number":"38.2-3404","catch_line":"Commission may establish rules and regulations for simplified and readable accident and sickness insurance policies","order_by":null,"url":"\/38.2-3404\/"},{"id":55183,"section_number":"38.2-3902","catch_line":"Classes of insurance that may be written by mutual assessment life, accident and sickness insurers","order_by":null,"url":"\/38.2-3902\/"},{"id":84641,"section_number":"38.2-3921","catch_line":"Limitation on single risk to be assumed","order_by":null,"url":"\/38.2-3921\/"},{"id":58581,"section_number":"38.2-4805.2","catch_line":"Definitions","order_by":null,"url":"\/38.2-4805.2\/"},{"id":61622,"section_number":"38.2-508.4","catch_line":"Genetic information privacy","order_by":null,"url":"\/38.2-508.4\/"},{"id":77304,"section_number":"38.2-5800","catch_line":"Definitions","order_by":null,"url":"\/38.2-5800\/"},{"id":55493,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","order_by":null,"url":"\/38.2-613\/"},{"id":56221,"section_number":"58.1-2500","catch_line":"Definitions","order_by":null,"url":"\/58.1-2500\/"},{"id":68558,"section_number":"58.1-2501","catch_line":"Levy of license tax","order_by":null,"url":"\/58.1-2501\/"}],"refers_to":[{"id":58606,"section_number":"38.2-1314","catch_line":"Loss or claim reserves","order_by":null,"url":"\/38.2-1314\/"},{"id":57593,"section_number":"38.2-3400","catch_line":"Application of chapter","order_by":null,"url":"\/38.2-3400\/"},{"id":81706,"section_number":"38.2-3500","catch_line":"Form of policy","order_by":null,"url":"\/38.2-3500\/"}],"permalink":{"id":210725,"object_type":"law","relational_id":75359,"identifier":"38.2-109","token":"38.2\/1\/2\/38.2-109","url":"\/38.2-109\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-109\/","token":"38.2\/1\/2\/38.2-109","dublin_core":{"Title":"Accident and sickness","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> “Accident and sickness insurance<\/span>” means insurance against loss resulting from sickness, or from bodily injury or death by accident or accidental means, or from a combination of any or all of these perils. As used in this title, unless the context requires otherwise, the term “accident and sickness insurance<\/span>” shall be deemed to include “credit accident and sickness insurance<\/span>.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The term “accident and sickness insurance<\/span>” shall also include agreements insuring against losses resulting from health care claims or expenses of health care in excess of a specific or aggregate dollar amount, when such agreements are used to provide coverage to (i) an employee welfare benefit plan or any other plan providing accident and sickness benefits, (ii) a health maintenance organization, or (iii) a provider associated with a managed care network, provided: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The agreement clearly discloses the extent and duration of the liability assumed by the insurer<\/span> once the policyholder’s liability has been exceeded; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The insurer<\/span> maintains reserves in accordance with § 38.2-1314<\/a> for the liability it assumes under the agreement.\n\t\t\t\tSuch agreements shall not be subject to the requirements of Chapters 34 (§ 38.2-3400<\/a> et seq.) and 35 (§ 38.2-3500<\/a> et seq.) of this title. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCIDENT AND SICKNESS (\u00a7 38.2-109)\n\nA. “Accident and sickness insurance” means insurance against loss\nresulting from sickness, or from bodily injury or death by accident or\naccidental means, or from a combination of any or all of these perils. As used\nin this title, unless the context requires otherwise, the term “accident\nand sickness insurance” shall be deemed to include “credit accident\nand sickness insurance.”\n\nB. The term “accident and sickness insurance” shall also include\nagreements insuring against losses resulting from health care claims or expenses\nof health care in excess of a specific or aggregate dollar amount, when such\nagreements are used to provide coverage to (i) an employee welfare benefit plan\nor any other plan providing accident and sickness benefits, (ii) a health\nmaintenance organization, or (iii) a provider associated with a managed care\nnetwork, provided:\n\n 1. The agreement clearly discloses the extent and duration of the liability\n assumed by the insurer once the policyholder’s liability has been\n exceeded; and\n\n 2. The insurer maintains reserves in accordance with § 38.2-1314 for the\n liability it assumes under the agreement.\n \t\t\t\tSuch agreements shall not be subject to the requirements of Chapters 34\n (§ 38.2-3400 et seq.) and 35 (§ 38.2-3500 et seq.) of this title.\n\nHISTORY: 1952, c. 317, \u00a7 38.1-5; 1986, c. 562; 1997, c. 28.","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}}