{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1715.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1715.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1715.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1715.html"}],"law_id":59869,"edition_id":1,"section_id":59869,"structure_id":14902,"section_number":"38.2-1715","catch_line":"Prohibited advertisement of Association coverage in insurance sales; notice to policy owners","history":"1976, c. 330, \u00a7 38.1-482.33; 1986, c. 562; 2010, c. 510; 2011, c. 306; 2018, c. 706.","full_text":"A\n\nNo person, including a member insurer, agent, or affiliate of a member insurer, shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in any other way, any advertisement, announcement, or statement, written or oral, that uses the existence of the Association of the Commonwealth for the purpose of sales, solicitation, or inducement to purchase any form of insurance or other coverage covered by this chapter. This subsection shall not apply to the Association or any other entity that does not sell or solicit insurance or coverage by a health maintenance organization.B\n\nThe Association shall prepare a summary document describing the general purposes and current limitations of this chapter and that complies with subsection C. This document shall be submitted to the Commission for approval. At the expiration of the sixtieth day after the date on which the Commission approves the document, a member insurer may not deliver a policy or contract to a policy owner, contract owner, certificate holder, or enrollee unless the summary document is delivered to the policy owner, contract owner, certificate holder, or enrollee at the time of delivery of the policy or contract. The document shall be posted on the Association’s website and shall also be available upon request by a policy owner, contract owner, certificate holder, or enrollee. The distribution, delivery, or contents or interpretation of this document does not guarantee that either the policy or the contract or the policy owner, contract owner, certificate holder, or enrollee is covered in the event of the impairment or insolvency of a member insurer. The summary document shall be revised by the Association as amendments to the chapter may require. Failure to receive this document does not give the policy owner, contract owner, certificate owner, certificate holder, enrollee, or insured any greater rights than those stated in this chapter.C\n\nThe document prepared under subsection B shall contain a clear and conspicuous disclaimer on its face. The Commission shall establish the form and content of the disclaimer. The disclaimer shall:1\n\nState the name and address of the Association and the Bureau of Insurance;2\n\nProminently warn the policy owner, contract owner, certificate holder, or enrollee that the Association may not cover the policy or contract or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in the Commonwealth;3\n\nState the types of policies or contracts for which guaranty funds will provide coverage;4\n\nState that the member insurer and its agents are prohibited by law from using the existence of the Association for the purpose of sales, solicitation, or inducement to purchase any form of insurance or health maintenance organization coverage;5\n\nState that the policy owner, contract owner, certificate holder, or enrollee should not rely on coverage under the Association when selecting an insurer or health maintenance organization;6\n\nExplain rights available and procedures for filing a complaint to allege a violation of any provisions of this chapter; and7\n\nProvide other information as directed by the Commission including but not limited to, sources for information about the financial condition of insurers provided that the information is not proprietary and is subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).D\n\nA member insurer shall retain evidence of compliance with subsection B for so long as the policy or contract for which the notice is given remains in effect.","order_by":null,"text":{"0":{"id":219301,"text":"No person, including a member insurer, agent, or affiliate of a member insurer, shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in any other way, any advertisement, announcement, or statement, written or oral, that uses the existence of the Association of the Commonwealth for the purpose of sales, solicitation, or inducement to purchase any form of insurance or other coverage covered by this chapter. This subsection shall not apply to the Association or any other entity that does not sell or solicit insurance or coverage by a health maintenance organization.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":219302,"text":"The Association shall prepare a summary document describing the general purposes and current limitations of this chapter and that complies with subsection C. This document shall be submitted to the Commission for approval. At the expiration of the sixtieth day after the date on which the Commission approves the document, a member insurer may not deliver a policy or contract to a policy owner, contract owner, certificate holder, or enrollee unless the summary document is delivered to the policy owner, contract owner, certificate holder, or enrollee at the time of delivery of the policy or contract. The document shall be posted on the Association’s website and shall also be available upon request by a policy owner, contract owner, certificate holder, or enrollee. The distribution, delivery, or contents or interpretation of this document does not guarantee that either the policy or the contract or the policy owner, contract owner, certificate holder, or enrollee is covered in the event of the impairment or insolvency of a member insurer. The summary document shall be revised by the Association as amendments to the chapter may require. Failure to receive this document does not give the policy owner, contract owner, certificate owner, certificate holder, enrollee, or insured any greater rights than those stated in this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":219303,"text":"The document prepared under subsection B shall contain a clear and conspicuous disclaimer on its face. The Commission shall establish the form and content of the disclaimer. The disclaimer shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":219304,"text":"State the name and address of the Association and the Bureau of Insurance;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":219305,"text":"Prominently warn the policy owner, contract owner, certificate holder, or enrollee that the Association may not cover the policy or contract or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in the Commonwealth;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":219306,"text":"State the types of policies or contracts for which guaranty funds will provide coverage;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":219307,"text":"State that the member insurer and its agents are prohibited by law from using the existence of the Association for the purpose of sales, solicitation, or inducement to purchase any form of insurance or health maintenance organization coverage;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":219308,"text":"State that the policy owner, contract owner, certificate holder, or enrollee should not rely on coverage under the Association when selecting an insurer or health maintenance organization;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":219309,"text":"Explain rights available and procedures for filing a complaint to allege a violation of any provisions of this chapter; and","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":219310,"text":"Provide other information as directed by the Commission including but not limited to, sources for information about the financial condition of insurers provided that the information is not proprietary and is subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"D"},"10":{"id":219311,"text":"A member insurer shall retain evidence of compliance with subsection B for so long as the policy or contract for which the notice is given remains in effect.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C7"}},"ancestry":[{"id":14902,"edition_id":1,"name":"Establishment and Operation of the Association","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14649,"metadata":{},"date_created":"2026-06-26 03:50:41","date_modified":"2026-06-26 03:50:41","permalink":{"id":212319,"object_type":"structure","relational_id":14902,"identifier":"1","token":"38.2\/17\/1","url":"\/38.2\/17\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14649,"edition_id":1,"name":"Virginia Life, Accident and Sickness Insurance Guaranty Association","identifier":"17","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:49:08","date_modified":"2026-06-26 03:49:08","permalink":{"id":212317,"object_type":"structure","relational_id":14649,"identifier":"17","token":"38.2\/17","url":"\/38.2\/17\/","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":85176,"structure_id":14902,"section_number":"38.2-1700","catch_line":"Purpose and applicability of chapter","url":"\/38.2-1700\/","token":"38.2\/17\/1\/38.2-1700","metadata":false},{"id":79730,"structure_id":14902,"section_number":"38.2-1701","catch_line":"Definitions","url":"\/38.2-1701\/","token":"38.2\/17\/1\/38.2-1701","metadata":false},{"id":62816,"structure_id":14902,"section_number":"38.2-1702","catch_line":"Association; creation; memberships; accounts; supervision","url":"\/38.2-1702\/","token":"38.2\/17\/1\/38.2-1702","metadata":false},{"id":72232,"structure_id":14902,"section_number":"38.2-1703","catch_line":"Board of directors of Association","url":"\/38.2-1703\/","token":"38.2\/17\/1\/38.2-1703","metadata":false},{"id":65404,"structure_id":14902,"section_number":"38.2-1704","catch_line":"Powers and duties of Association","url":"\/38.2-1704\/","token":"38.2\/17\/1\/38.2-1704","metadata":false},{"id":59600,"structure_id":14902,"section_number":"38.2-1705","catch_line":"Assessments","url":"\/38.2-1705\/","token":"38.2\/17\/1\/38.2-1705","metadata":false},{"id":74544,"structure_id":14902,"section_number":"38.2-1706","catch_line":"Plan of operation","url":"\/38.2-1706\/","token":"38.2\/17\/1\/38.2-1706","metadata":false},{"id":64107,"structure_id":14902,"section_number":"38.2-1707","catch_line":"Duties and powers of the Commission","url":"\/38.2-1707\/","token":"38.2\/17\/1\/38.2-1707","metadata":false},{"id":65805,"structure_id":14902,"section_number":"38.2-1708","catch_line":"Detection and prevention of insolvencies","url":"\/38.2-1708\/","token":"38.2\/17\/1\/38.2-1708","metadata":false},{"id":69918,"structure_id":14902,"section_number":"38.2-1709","catch_line":"Tax write-offs of certificates of contributions","url":"\/38.2-1709\/","token":"38.2\/17\/1\/38.2-1709","metadata":false},{"id":56896,"structure_id":14902,"section_number":"38.2-1710","catch_line":"Miscellaneous provisions","url":"\/38.2-1710\/","token":"38.2\/17\/1\/38.2-1710","metadata":false},{"id":61703,"structure_id":14902,"section_number":"38.2-1711","catch_line":"Examination of the Association; annual report","url":"\/38.2-1711\/","token":"38.2\/17\/1\/38.2-1711","metadata":false},{"id":57475,"structure_id":14902,"section_number":"38.2-1712","catch_line":"Tax exemptions","url":"\/38.2-1712\/","token":"38.2\/17\/1\/38.2-1712","metadata":false},{"id":77644,"structure_id":14902,"section_number":"38.2-1713","catch_line":"Immunity","url":"\/38.2-1713\/","token":"38.2\/17\/1\/38.2-1713","metadata":false},{"id":59069,"structure_id":14902,"section_number":"38.2-1714","catch_line":"Stay of proceedings; reopening default judgments","url":"\/38.2-1714\/","token":"38.2\/17\/1\/38.2-1714","metadata":false},{"id":59869,"structure_id":14902,"section_number":"38.2-1715","catch_line":"Prohibited advertisement of Association coverage in insurance sales; notice to policy owners","url":"\/38.2-1715\/","token":"38.2\/17\/1\/38.2-1715","metadata":false}],"previous_section":{"id":59069,"structure_id":14902,"section_number":"38.2-1714","catch_line":"Stay of proceedings; reopening default judgments","url":"\/38.2-1714\/","token":"38.2\/17\/1\/38.2-1714","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1715\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 330 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 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 2010, chapter 510<\/a>; in 2011, chapter 306<\/a>; in 2018, chapter 706<\/a>.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":212381,"object_type":"law","relational_id":59869,"identifier":"38.2-1715","token":"38.2\/17\/1\/38.2-1715","url":"\/38.2-1715\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1715\/","token":"38.2\/17\/1\/38.2-1715","dublin_core":{"Title":"Prohibited advertisement of Association coverage in insurance sales; notice to policy owners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1715","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person<\/span>, including a member insurer<\/span>, agent, or affiliate of a member insurer<\/span>, shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in any other way, any advertisement, announcement, or statement, written or oral, that uses the existence of the Association<\/span> of the Commonwealth for the purpose of sales, solicitation, or inducement to purchase any form of insurance<\/span> or other coverage covered by this chapter. This subsection shall not apply to the Association<\/span> or any other entity that does not sell or solicit insurance<\/span> or coverage by a health maintenance organization. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Association<\/span> shall prepare a summary document describing the general purposes and current limitations of this chapter and that complies with subsection C. This document shall be submitted to the Commission<\/span> for approval. At the expiration of the sixtieth day after the date on which the Commission<\/span> approves the document, a member insurer<\/span> may not deliver a policy or contract to a policy owner<\/span>, contract owner<\/span>, certificate holder, or enrollee unless the summary document is delivered to the policy owner<\/span>, contract owner<\/span>, certificate holder, or enrollee at the time of delivery of the policy or contract. The document shall be posted on the Association<\/span>’s website and shall also be available upon request by a policy owner<\/span>, contract owner<\/span>, certificate holder, or enrollee. The distribution, delivery, or contents or interpretation of this document does not guarantee that either the policy or the contract or the policy owner<\/span>, contract owner<\/span>, certificate holder, or enrollee is covered in the event of the impairment or insolvency of a member insurer<\/span>. The summary document shall be revised by the Association<\/span> as amendments to the chapter may require. Failure to receive this document does not give the policy owner<\/span>, contract owner<\/span>, certificate owner, certificate holder, enrollee, or insured any greater rights than those stated in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The document prepared under subsection B shall contain a clear and conspicuous disclaimer on its face. The Commission<\/span> shall establish the form and content of the disclaimer. The disclaimer shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> State<\/span> the name and address of the Association<\/span> and the Bureau of Insurance<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prominently warn the policy owner<\/span>, contract owner<\/span>, certificate holder, or enrollee that the Association<\/span> may not cover the policy or contract or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> State<\/span> the types of policies or contracts<\/span> for which guaranty funds will provide coverage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> State<\/span> that the member insurer<\/span> and its agents are prohibited by law<\/span> from using the existence of the Association<\/span> for the purpose of sales, solicitation, or inducement to purchase any form of insurance or health maintenance organization coverage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> State<\/span> that the policy owner<\/span>, contract owner<\/span>, certificate holder, or enrollee should not rely on coverage under the Association<\/span> when selecting an insurer or health maintenance organization; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Explain rights available and procedures for filing a complaint to allege a violation of any provisions of this chapter; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Provide other information as directed by the Commission<\/span> including but not limited to, sources for information about the financial condition of insurers<\/span> provided that the information is not proprietary and is subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A member insurer<\/span> shall retain evidence<\/span> of compliance with subsection B for so long as the policy or contract for which the notice is given remains in effect. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED ADVERTISEMENT OF ASSOCIATION COVERAGE IN INSURANCE SALES; NOTICE TO\nPOLICY OWNERS (\u00a7 38.2-1715)\n\nA. No person, including a member insurer, agent, or affiliate of a member\ninsurer, shall make, publish, disseminate, circulate, or place before the\npublic, or cause, directly or indirectly, to be made, published, disseminated,\ncirculated or placed before the public, in any newspaper, magazine, or other\npublication, or in the form of a notice, circular, pamphlet, letter, or poster,\nor over any radio station or television station, or in any other way, any\nadvertisement, announcement, or statement, written or oral, that uses the\nexistence of the Association of the Commonwealth for the purpose of sales,\nsolicitation, or inducement to purchase any form of insurance or other coverage\ncovered by this chapter. This subsection shall not apply to the Association or\nany other entity that does not sell or solicit insurance or coverage by a health\nmaintenance organization.\n\nB. The Association shall prepare a summary document describing the general\npurposes and current limitations of this chapter and that complies with\nsubsection C. This document shall be submitted to the Commission for approval.\nAt the expiration of the sixtieth day after the date on which the Commission\napproves the document, a member insurer may not deliver a policy or contract to\na policy owner, contract owner, certificate holder, or enrollee unless the\nsummary document is delivered to the policy owner, contract owner, certificate\nholder, or enrollee at the time of delivery of the policy or contract. The\ndocument shall be posted on the Association’s website and shall also be\navailable upon request by a policy owner, contract owner, certificate holder, or\nenrollee. The distribution, delivery, or contents or interpretation of this\ndocument does not guarantee that either the policy or the contract or the policy\nowner, contract owner, certificate holder, or enrollee is covered in the event\nof the impairment or insolvency of a member insurer. The summary document shall\nbe revised by the Association as amendments to the chapter may require. Failure\nto receive this document does not give the policy owner, contract owner,\ncertificate owner, certificate holder, enrollee, or insured any greater rights\nthan those stated in this chapter.\n\nC. The document prepared under subsection B shall contain a clear and\nconspicuous disclaimer on its face. The Commission shall establish the form and\ncontent of the disclaimer. The disclaimer shall:\n\n 1. State the name and address of the Association and the Bureau of Insurance;\n\n 2. Prominently warn the policy owner, contract owner, certificate holder, or\n enrollee that the Association may not cover the policy or contract or, if\n coverage is available, it will be subject to substantial limitations and\n exclusions and conditioned on continued residence in the Commonwealth;\n\n 3. State the types of policies or contracts for which guaranty funds will\n provide coverage;\n\n 4. State that the member insurer and its agents are prohibited by law from\n using the existence of the Association for the purpose of sales, solicitation,\n or inducement to purchase any form of insurance or health maintenance\n organization coverage;\n\n 5. State that the policy owner, contract owner, certificate holder, or\n enrollee should not rely on coverage under the Association when selecting an\n insurer or health maintenance organization;\n\n 6. Explain rights available and procedures for filing a complaint to allege a\n violation of any provisions of this chapter; and\n\n 7. Provide other information as directed by the Commission including but not\n limited to, sources for information about the financial condition of insurers\n provided that the information is not proprietary and is subject to disclosure\n under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).\n\nD. A member insurer shall retain evidence of compliance with subsection B for so\nlong as the policy or contract for which the notice is given remains in effect.\n\nHISTORY: 1976, c. 330, \u00a7 38.1-482.33; 1986, c. 562; 2010, c. 510; 2011, c. 306;\n2018, c. 706.","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}}