{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1906.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1906.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1906.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1906.html"}],"law_id":70804,"edition_id":1,"section_id":70804,"structure_id":13456,"section_number":"38.2-1906","catch_line":"Filing and use of rates","history":"1973, c. 504, \u00a7 38.1-279.34; 1976, c. 278; 1986, c. 562; 1987, c. 697; 1990, cc. 596, 597; 1993, c. 985; 1997, c. 199; 2004, c. 838; 2005, c. 95; 2015, c. 619; 2016, c. 277.","full_text":"A\n\nEach authorized insurer subject to the provisions of this chapter shall file with the Commission all rates and supplementary rate information and all changes and amendments to the rates and supplementary rate information made by it for use in the Commonwealth on or before the date they become effective.\n\t\t\tIn cases where the Commission has made a determination pursuant to &#xA7; 38.2-1912 that competition is not an effective regulator of rates for a line or subclassification of insurance, such rates, supplementary rate information, changes and amendments to rates and supplementary rate information for that line or subclassification shall be filed in accordance with and shall be subject to the provisions of &#xA7; 38.2-1912.B\n\nEach rate service organization licensed under &#xA7; 38.2-1914 that has been designated by an insurer for the filing of prospective loss costs or supplementary rate information under &#xA7; 38.2-1908 shall file with the Commission all prospective loss costs or supplementary rate information and all changes and amendments to the prospective loss costs or supplementary rate information made by it for use in the Commonwealth on or before the date they become effective. Prospective loss costs and supplementary rate information for insurance defined in &#xA7; 38.2-119 must comply with the provisions of &#xA7; 38.2-1912.1 prior to being used by an insurer in a filing establishing or changing its rate.C\n\nProspective loss costs filings and supplementary rate information filed by rate service organizations shall not contain final rates, minimum premiums, or minimum premium rules.D\n\nNo insurer shall make or issue an insurance contract or policy of a class to which this chapter applies, except in accordance with the rate and supplementary rate information filings that are in effect for the insurer.E\n\nFor insurance as defined in &#xA7; 38.2-119 any authorized insurer that does not rely on prospective loss costs or supplementary rate information filed by a rate service organization shall comply with the filing provisions of &#xA7; 38.2-1912 as if competition was not an effective regulator of rates.F\n\nExcept with respect to workers&#8217; compensation and employers&#8217; liability insurance as defined in &#xA7; 38.2-119, and notwithstanding the provisions of subdivision A 3 of &#xA7; 38.2-1904, nothing shall prohibit an insurer from filing with the Commission any rate or supplementary rate information that allows the insurer to limit for its renewal policies (i) any rate increase that would otherwise be applicable to such policies or (ii) any rate decrease that would otherwise be applicable to such policies if the insurer is also limiting any rate increase. Such limitation shall apply for the period of time specified in the insurer&#8217;s filing. Nothing shall prohibit such limitation from applying to policies (a) acquired by an insurer from another insurer pursuant to a written agreement of acquisition, merger, or sale that transfers all or part of the other insurer&#8217;s book of business or (b) transferred by an agent from one insurer to another insurer pursuant to an agent book of transfer.","order_by":null,"text":{"0":{"id":255359,"text":"Each authorized insurer subject to the provisions of this chapter shall file with the Commission all rates and supplementary rate information and all changes and amendments to the rates and supplementary rate information made by it for use in the Commonwealth on or before the date they become effective.\n\t\t\tIn cases where the Commission has made a determination pursuant to &#xA7; 38.2-1912 that competition is not an effective regulator of rates for a line or subclassification of insurance, such rates, supplementary rate information, changes and amendments to rates and supplementary rate information for that line or subclassification shall be filed in accordance with and shall be subject to the provisions of &#xA7; 38.2-1912.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255360,"text":"Each rate service organization licensed under &#xA7; 38.2-1914 that has been designated by an insurer for the filing of prospective loss costs or supplementary rate information under &#xA7; 38.2-1908 shall file with the Commission all prospective loss costs or supplementary rate information and all changes and amendments to the prospective loss costs or supplementary rate information made by it for use in the Commonwealth on or before the date they become effective. Prospective loss costs and supplementary rate information for insurance defined in &#xA7; 38.2-119 must comply with the provisions of &#xA7; 38.2-1912.1 prior to being used by an insurer in a filing establishing or changing its rate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255361,"text":"Prospective loss costs filings and supplementary rate information filed by rate service organizations shall not contain final rates, minimum premiums, or minimum premium rules.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":255362,"text":"No insurer shall make or issue an insurance contract or policy of a class to which this chapter applies, except in accordance with the rate and supplementary rate information filings that are in effect for the insurer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":255363,"text":"For insurance as defined in &#xA7; 38.2-119 any authorized insurer that does not rely on prospective loss costs or supplementary rate information filed by a rate service organization shall comply with the filing provisions of &#xA7; 38.2-1912 as if competition was not an effective regulator of rates.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":255364,"text":"Except with respect to workers&#8217; compensation and employers&#8217; liability insurance as defined in &#xA7; 38.2-119, and notwithstanding the provisions of subdivision A 3 of &#xA7; 38.2-1904, nothing shall prohibit an insurer from filing with the Commission any rate or supplementary rate information that allows the insurer to limit for its renewal policies (i) any rate increase that would otherwise be applicable to such policies or (ii) any rate decrease that would otherwise be applicable to such policies if the insurer is also limiting any rate increase. Such limitation shall apply for the period of time specified in the insurer&#8217;s filing. Nothing shall prohibit such limitation from applying to policies (a) acquired by an insurer from another insurer pursuant to a written agreement of acquisition, merger, or sale that transfers all or part of the other insurer&#8217;s book of business or (b) transferred by an agent from one insurer to another insurer pursuant to an agent book of transfer.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13456,"edition_id":1,"name":"Regulation of Rates Generally","identifier":"19","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:55","date_modified":"2026-06-26 03:44:55","permalink":{"id":212945,"object_type":"structure","relational_id":13456,"identifier":"19","token":"38.2\/19","url":"\/38.2\/19\/","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":66229,"structure_id":13456,"section_number":"38.2-1900","catch_line":"Purposes of chapter","url":"\/38.2-1900\/","token":"38.2\/19\/38.2-1900","metadata":false},{"id":57539,"structure_id":13456,"section_number":"38.2-1901","catch_line":"Definitions","url":"\/38.2-1901\/","token":"38.2\/19\/38.2-1901","metadata":false},{"id":74191,"structure_id":13456,"section_number":"38.2-1902","catch_line":"Scope of chapter","url":"\/38.2-1902\/","token":"38.2\/19\/38.2-1902","metadata":false},{"id":70651,"structure_id":13456,"section_number":"38.2-1903","catch_line":"Exemptions","url":"\/38.2-1903\/","token":"38.2\/19\/38.2-1903","metadata":false},{"id":86657,"structure_id":13456,"section_number":"38.2-1903.1","catch_line":"Exemptions of large commercial risks","url":"\/38.2-1903.1\/","token":"38.2\/19\/38.2-1903.1","metadata":false},{"id":68129,"structure_id":13456,"section_number":"38.2-1904","catch_line":"Rate standards","url":"\/38.2-1904\/","token":"38.2\/19\/38.2-1904","metadata":false},{"id":57802,"structure_id":13456,"section_number":"38.2-1905","catch_line":"Motor vehicle insurer not to charge points or increase premiums in certain instances","url":"\/38.2-1905\/","token":"38.2\/19\/38.2-1905","metadata":false},{"id":80697,"structure_id":13456,"section_number":"38.2-1905.1","catch_line":"Repealed","url":"\/38.2-1905.1\/","token":"38.2\/19\/38.2-1905.1","metadata":false},{"id":70804,"structure_id":13456,"section_number":"38.2-1906","catch_line":"Filing and use of rates","url":"\/38.2-1906\/","token":"38.2\/19\/38.2-1906","metadata":false},{"id":54809,"structure_id":13456,"section_number":"38.2-1906.1","catch_line":"Misquote of premium","url":"\/38.2-1906.1\/","token":"38.2\/19\/38.2-1906.1","metadata":false},{"id":67605,"structure_id":13456,"section_number":"38.2-1907","catch_line":"Filings open to inspection","url":"\/38.2-1907\/","token":"38.2\/19\/38.2-1907","metadata":false},{"id":61334,"structure_id":13456,"section_number":"38.2-1908","catch_line":"Rate making and delegation of filing obligation","url":"\/38.2-1908\/","token":"38.2\/19\/38.2-1908","metadata":false},{"id":76329,"structure_id":13456,"section_number":"38.2-1909","catch_line":"Review of rates by Commission","url":"\/38.2-1909\/","token":"38.2\/19\/38.2-1909","metadata":false},{"id":64325,"structure_id":13456,"section_number":"38.2-1910","catch_line":"Disapproval of rates","url":"\/38.2-1910\/","token":"38.2\/19\/38.2-1910","metadata":false},{"id":63878,"structure_id":13456,"section_number":"38.2-1911","catch_line":"Special restrictions on individual insurers","url":"\/38.2-1911\/","token":"38.2\/19\/38.2-1911","metadata":false},{"id":77322,"structure_id":13456,"section_number":"38.2-1912","catch_line":"Delayed effect of rates; certification of reinsurance with affiliated company","url":"\/38.2-1912\/","token":"38.2\/19\/38.2-1912","metadata":false},{"id":76016,"structure_id":13456,"section_number":"38.2-1912.1","catch_line":"Approval of prospective loss costs and supplementary rate information; \u00a7 38.2-119 rate filings","url":"\/38.2-1912.1\/","token":"38.2\/19\/38.2-1912.1","metadata":false},{"id":73514,"structure_id":13456,"section_number":"38.2-1913","catch_line":"Operation and control of rate service organizations","url":"\/38.2-1913\/","token":"38.2\/19\/38.2-1913","metadata":false},{"id":68776,"structure_id":13456,"section_number":"38.2-1914","catch_line":"Licensing of rate service organizations","url":"\/38.2-1914\/","token":"38.2\/19\/38.2-1914","metadata":false},{"id":77780,"structure_id":13456,"section_number":"38.2-1915","catch_line":"Joint underwriting or joint reinsurance organizations","url":"\/38.2-1915\/","token":"38.2\/19\/38.2-1915","metadata":false},{"id":82148,"structure_id":13456,"section_number":"38.2-1916","catch_line":"Certain conduct by insurers and rate service organizations prohibited","url":"\/38.2-1916\/","token":"38.2\/19\/38.2-1916","metadata":false},{"id":75759,"structure_id":13456,"section_number":"38.2-1916.1","catch_line":"Investigation by Attorney General of suspected violations; investigative demand to witnesses; access to business records, etc.; penalties","url":"\/38.2-1916.1\/","token":"38.2\/19\/38.2-1916.1","metadata":false},{"id":54431,"structure_id":13456,"section_number":"38.2-1916.2","catch_line":"Penalties; injunctive relief; restitution","url":"\/38.2-1916.2\/","token":"38.2\/19\/38.2-1916.2","metadata":false},{"id":64311,"structure_id":13456,"section_number":"38.2-1917","catch_line":"Injunctive relief","url":"\/38.2-1917\/","token":"38.2\/19\/38.2-1917","metadata":false},{"id":64825,"structure_id":13456,"section_number":"38.2-1918","catch_line":"Agreements for equitable apportionment of insurance","url":"\/38.2-1918\/","token":"38.2\/19\/38.2-1918","metadata":false},{"id":62231,"structure_id":13456,"section_number":"38.2-1919","catch_line":"Collection of experience data; uniformity; compilations available to insurers and rate service organizations","url":"\/38.2-1919\/","token":"38.2\/19\/38.2-1919","metadata":false},{"id":72323,"structure_id":13456,"section_number":"38.2-1919.1","catch_line":"Interchange of rating data and information","url":"\/38.2-1919.1\/","token":"38.2\/19\/38.2-1919.1","metadata":false},{"id":60173,"structure_id":13456,"section_number":"38.2-1920","catch_line":"Excess rate for a specific risk","url":"\/38.2-1920\/","token":"38.2\/19\/38.2-1920","metadata":false},{"id":81510,"structure_id":13456,"section_number":"38.2-1921","catch_line":"Combination policies","url":"\/38.2-1921\/","token":"38.2\/19\/38.2-1921","metadata":false},{"id":61464,"structure_id":13456,"section_number":"38.2-1921.1","catch_line":"Professional employer organization workers' compensation rating","url":"\/38.2-1921.1\/","token":"38.2\/19\/38.2-1921.1","metadata":false},{"id":54416,"structure_id":13456,"section_number":"38.2-1922","catch_line":"No rule prohibiting or regulating payment of dividends, etc., to be adopted","url":"\/38.2-1922\/","token":"38.2\/19\/38.2-1922","metadata":false},{"id":73419,"structure_id":13456,"section_number":"38.2-1923","catch_line":"Person aggrieved by application of rating system to be heard; appeal to Commission","url":"\/38.2-1923\/","token":"38.2\/19\/38.2-1923","metadata":false},{"id":56103,"structure_id":13456,"section_number":"38.2-1924","catch_line":"Cooperation among rate service organizations, or among rate service organizations and insurers, authorized; review by Commission","url":"\/38.2-1924\/","token":"38.2\/19\/38.2-1924","metadata":false},{"id":77979,"structure_id":13456,"section_number":"38.2-1925","catch_line":"Examination of rate service organizations and joint underwriting and joint reinsurance organizations","url":"\/38.2-1925\/","token":"38.2\/19\/38.2-1925","metadata":false},{"id":67284,"structure_id":13456,"section_number":"38.2-1926","catch_line":"Action of Commission upon request for hearing on order or decision made without a hearing","url":"\/38.2-1926\/","token":"38.2\/19\/38.2-1926","metadata":false},{"id":62597,"structure_id":13456,"section_number":"38.2-1927","catch_line":"Withholding information; giving false or misleading information","url":"\/38.2-1927\/","token":"38.2\/19\/38.2-1927","metadata":false},{"id":73884,"structure_id":13456,"section_number":"38.2-1928","catch_line":"Violations of chapter","url":"\/38.2-1928\/","token":"38.2\/19\/38.2-1928","metadata":false}],"previous_section":{"id":80697,"structure_id":13456,"section_number":"38.2-1905.1","catch_line":"Repealed","url":"\/38.2-1905.1\/","token":"38.2\/19\/38.2-1905.1","metadata":false},"next_section":{"id":54809,"structure_id":13456,"section_number":"38.2-1906.1","catch_line":"Misquote of premium","url":"\/38.2-1906.1\/","token":"38.2\/19\/38.2-1906.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1906\/","history_text":"<p>This law was first created in 1973. The record of its establishment is cataloged in chapter 504 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 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1976, chapter 278; in 1986, chapter 562; in 1987, chapter 697; in 1990, chapters 596 and 597; in 1993, chapter 985; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0199\">199<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0838\">838<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0095\">95<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0619\">619<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0277\">277<\/a>.<\/p>","references":[{"id":61334,"section_number":"38.2-1908","catch_line":"Rate making and delegation of filing obligation","order_by":null,"url":"\/38.2-1908\/"},{"id":76016,"section_number":"38.2-1912.1","catch_line":"Approval of prospective loss costs and supplementary rate information; \u00a7 38.2-119 rate filings","order_by":null,"url":"\/38.2-1912.1\/"}],"refers_to":[{"id":80898,"section_number":"38.2-119","catch_line":"Workers' compensation and employers' liability","order_by":null,"url":"\/38.2-119\/"},{"id":68129,"section_number":"38.2-1904","catch_line":"Rate standards","order_by":null,"url":"\/38.2-1904\/"},{"id":61334,"section_number":"38.2-1908","catch_line":"Rate making and delegation of filing obligation","order_by":null,"url":"\/38.2-1908\/"},{"id":77322,"section_number":"38.2-1912","catch_line":"Delayed effect of rates; certification of reinsurance with affiliated company","order_by":null,"url":"\/38.2-1912\/"},{"id":76016,"section_number":"38.2-1912.1","catch_line":"Approval of prospective loss costs and supplementary rate information; \u00a7 38.2-119 rate filings","order_by":null,"url":"\/38.2-1912.1\/"},{"id":68776,"section_number":"38.2-1914","catch_line":"Licensing of rate service organizations","order_by":null,"url":"\/38.2-1914\/"}],"permalink":{"id":212979,"object_type":"law","relational_id":70804,"identifier":"38.2-1906","token":"38.2\/19\/38.2-1906","url":"\/38.2-1906\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1906\/","token":"38.2\/19\/38.2-1906","dublin_core":{"Title":"Filing and use of rates","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1906","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Each authorized <span class=\"dictionary\">insurer<\/span> subject to the provisions of this chapter shall file with the <span class=\"dictionary\">Commission<\/span> all <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> and <span class=\"dictionary\">supplementary rate information<\/span> and all changes and amendments to the <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> and <span class=\"dictionary\">supplementary rate information<\/span> made by it for use in the Commonwealth on or before the date they become effective.\n\t\t\tIn cases where the <span class=\"dictionary\">Commission<\/span> has made a determination pursuant to &#xA7; <a class=\"law\" title=\"Delayed effect of rates; certification of reinsurance with affiliated company\" href=\"\/38.2-1912\/\">38.2-1912<\/a> that competition is not an effective regulator of <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> for a line or subclassification of <span class=\"dictionary\">insurance<\/span>, such <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span>, <span class=\"dictionary\">supplementary rate information<\/span>, changes and amendments to <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> and <span class=\"dictionary\">supplementary rate information<\/span> for that line or subclassification shall be filed in accordance with and shall be subject to the provisions of &#xA7; <a class=\"law\" title=\"Delayed effect of rates; certification of reinsurance with affiliated company\" href=\"\/38.2-1912\/\">38.2-1912<\/a>. <a id=\"paragraph-255359\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1906\/#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> Each <span class=\"dictionary\">rate service organization<\/span> licensed under &#xA7; <a class=\"law\" title=\"Licensing of rate service organizations\" href=\"\/38.2-1914\/\">38.2-1914<\/a> that has been designated by an <span class=\"dictionary\">insurer<\/span> for the filing of <span class=\"dictionary\">prospective loss costs<\/span> or <span class=\"dictionary\">supplementary rate information<\/span> under &#xA7; <a class=\"law\" title=\"Rate making and delegation of filing obligation\" href=\"\/38.2-1908\/\">38.2-1908<\/a> shall file with the <span class=\"dictionary\">Commission<\/span> all <span class=\"dictionary\">prospective loss costs<\/span> or <span class=\"dictionary\">supplementary rate information<\/span> and all changes and amendments to the <span class=\"dictionary\">prospective loss costs<\/span> or <span class=\"dictionary\">supplementary rate information<\/span> made by it for use in the Commonwealth on or before the date they become effective. <span class=\"dictionary\">Prospective loss costs<\/span> and <span class=\"dictionary\">supplementary rate information<\/span> for <span class=\"dictionary\">insurance<\/span> defined in &#xA7; <a class=\"law\" title=\"Workers&#039; compensation and employers&#039; liability\" href=\"\/38.2-119\/\">38.2-119<\/a> must comply with the provisions of &#xA7; <a class=\"law\" title=\"Approval of prospective loss costs and supplementary rate information; \u00a7 38.2-119 rate filings\" href=\"\/38.2-1912.1\/\">38.2-1912.1<\/a> prior to being used by an <span class=\"dictionary\">insurer<\/span> in a filing establishing or changing its rate. <a id=\"paragraph-255360\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1906\/#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> <span class=\"dictionary\">Prospective loss costs<\/span> filings and <span class=\"dictionary\">supplementary rate information<\/span> filed by <span class=\"dictionary\">rate service organizations<\/span> shall not contain final <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span>, minimum premiums, or minimum premium rules. <a id=\"paragraph-255361\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1906\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> No <span class=\"dictionary\">insurer<\/span> shall make or <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">insurance<\/span> <span class=\"dictionary\">contract<\/span> or policy of a class to which this chapter applies, except in accordance with the rate and <span class=\"dictionary\">supplementary rate information<\/span> filings that are in effect for the <span class=\"dictionary\">insurer<\/span>. <a id=\"paragraph-255362\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1906\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> For <span class=\"dictionary\">insurance<\/span> as defined in &#xA7; <a class=\"law\" title=\"Workers&#039; compensation and employers&#039; liability\" href=\"\/38.2-119\/\">38.2-119<\/a> any authorized <span class=\"dictionary\">insurer<\/span> that does not rely on <span class=\"dictionary\">prospective loss costs<\/span> or <span class=\"dictionary\">supplementary rate information<\/span> filed by a <span class=\"dictionary\">rate service organization<\/span> shall comply with the filing provisions of &#xA7; <a class=\"law\" title=\"Delayed effect of rates; certification of reinsurance with affiliated company\" href=\"\/38.2-1912\/\">38.2-1912<\/a> as if competition was not an effective regulator of <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span>. <a id=\"paragraph-255363\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1906\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Except with respect to workers&#8217; compensation and employers&#8217; liability <span class=\"dictionary\">insurance<\/span> as defined in &#xA7; <a class=\"law\" title=\"Workers&#039; compensation and employers&#039; liability\" href=\"\/38.2-119\/\">38.2-119<\/a>, and notwithstanding the provisions of subdivision A 3 of &#xA7; <a class=\"law\" title=\"Rate standards\" href=\"\/38.2-1904\/\">38.2-1904<\/a>, nothing shall prohibit an <span class=\"dictionary\">insurer<\/span> from filing with the <span class=\"dictionary\">Commission<\/span> any rate or <span class=\"dictionary\">supplementary rate information<\/span> that allows the <span class=\"dictionary\">insurer<\/span> to limit for its renewal policies (i) any rate increase that would otherwise be applicable to such policies or (ii) any rate decrease that would otherwise be applicable to such policies if the <span class=\"dictionary\">insurer<\/span> is also limiting any rate increase. Such limitation shall apply for the period of time specified in the <span class=\"dictionary\">insurer<\/span>&#8217;s filing. Nothing shall prohibit such limitation from applying to policies (a) acquired by an <span class=\"dictionary\">insurer<\/span> from another <span class=\"dictionary\">insurer<\/span> pursuant to a written agreement of acquisition, merger, or sale that transfers all or part of the other <span class=\"dictionary\">insurer<\/span>&#8217;s book of business or (b) transferred by an agent from one <span class=\"dictionary\">insurer<\/span> to another <span class=\"dictionary\">insurer<\/span> pursuant to an agent book of transfer. <a id=\"paragraph-255364\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1906\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFILING AND USE OF RATES (\u00a7 38.2-1906)\n\nA. Each authorized insurer subject to the provisions of this chapter shall file\nwith the Commission all rates and supplementary rate information and all changes\nand amendments to the rates and supplementary rate information made by it for\nuse in the Commonwealth on or before the date they become effective.\n\t\t\tIn cases where the Commission has made a determination pursuant to &#xA7;\n38.2-1912 that competition is not an effective regulator of rates for a line or\nsubclassification of insurance, such rates, supplementary rate information,\nchanges and amendments to rates and supplementary rate information for that line\nor subclassification shall be filed in accordance with and shall be subject to\nthe provisions of &#xA7; 38.2-1912.\n\nB. Each rate service organization licensed under &#xA7; 38.2-1914 that has been\ndesignated by an insurer for the filing of prospective loss costs or\nsupplementary rate information under &#xA7; 38.2-1908 shall file with the\nCommission all prospective loss costs or supplementary rate information and all\nchanges and amendments to the prospective loss costs or supplementary rate\ninformation made by it for use in the Commonwealth on or before the date they\nbecome effective. Prospective loss costs and supplementary rate information for\ninsurance defined in &#xA7; 38.2-119 must comply with the provisions of &#xA7;\n38.2-1912.1 prior to being used by an insurer in a filing establishing or\nchanging its rate.\n\nC. Prospective loss costs filings and supplementary rate information filed by\nrate service organizations shall not contain final rates, minimum premiums, or\nminimum premium rules.\n\nD. No insurer shall make or issue an insurance contract or policy of a class to\nwhich this chapter applies, except in accordance with the rate and supplementary\nrate information filings that are in effect for the insurer.\n\nE. For insurance as defined in &#xA7; 38.2-119 any authorized insurer that does\nnot rely on prospective loss costs or supplementary rate information filed by a\nrate service organization shall comply with the filing provisions of &#xA7;\n38.2-1912 as if competition was not an effective regulator of rates.\n\nF. Except with respect to workers&#8217; compensation and employers&#8217;\nliability insurance as defined in &#xA7; 38.2-119, and notwithstanding the\nprovisions of subdivision A 3 of &#xA7; 38.2-1904, nothing shall prohibit an\ninsurer from filing with the Commission any rate or supplementary rate\ninformation that allows the insurer to limit for its renewal policies (i) any\nrate increase that would otherwise be applicable to such policies or (ii) any\nrate decrease that would otherwise be applicable to such policies if the insurer\nis also limiting any rate increase. Such limitation shall apply for the period\nof time specified in the insurer&#8217;s filing. Nothing shall prohibit such\nlimitation from applying to policies (a) acquired by an insurer from another\ninsurer pursuant to a written agreement of acquisition, merger, or sale that\ntransfers all or part of the other insurer&#8217;s book of business or (b)\ntransferred by an agent from one insurer to another insurer pursuant to an agent\nbook of transfer.\n\nHISTORY: 1973, c. 504, \u00a7 38.1-279.34; 1976, c. 278; 1986, c. 562; 1987, c. 697;\n1990, cc. 596, 597; 1993, c. 985; 1997, c. 199; 2004, c. 838; 2005, c. 95; 2015,\nc. 619; 2016, c. 277.","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}}