{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2015.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2015.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2015.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2015.html"}],"law_id":69722,"edition_id":1,"section_id":69722,"structure_id":14874,"section_number":"38.2-2015","catch_line":"Agreements for equitable apportionment of insurance; reasonable performance standards; Virginia Workers’ Compensation Insurance Plan","history":"Code 1950, \u00a7 38-250; 1952, c. 317, \u00a7 38.1-264; 1964, c. 596; 1966, c. 299; 1980, c. 112; 1986, c. 562; 1993, c. 985.","full_text":"A\n\nAgreements among insurers may be made for the equitable apportionment among them of insurance that may be afforded applicants who are in good faith entitled to insurance but who are unable to procure it through ordinary methods. Insurers may agree among themselves on the use of reasonable rate modifications for the insurance. The agreements and rate modifications shall be subject to the approval of the Commission.B\n\nThe Commission may require that the agreements contain reasonable performance standards for insurers or agents, or both, with respect to insurance afforded such applicants. The performance standards may contain, but shall not be limited to: (i) original applications, (ii) premium payments, (iii) policy issuance, (iv) policy changes, (v) return premium, (vi) return commission and (vii) administrative procedures for monitoring compliance with the standards.C\n\nThe Commission may approve policy forms and endorsements for use by such insurers with respect to insurance afforded such applicants.D\n\nAll licensed insurers writing workers’ compensation insurance in the Commonwealth shall participate in the Virginia Workers’ Compensation Insurance Plan, which shall provide for the equitable apportionment among the participants of insurance that may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. Notwithstanding any other provision of law, insurers and rate service organizations participating in the Virginia Workers’ Compensation Insurance Plan may, in connection with such participation, act in cooperation with each other in the making of rates, rating systems, policy forms, underwriting rules, surveys, inspections, investigations, the furnishing of statistical or other information on losses and expenses, or the conduct of research. The rates and supplementary rate information to be used by such plan shall be approved by the Commission. Such rates shall reflect residual market experience to the extent actuarially appropriate and shall be set so that the amount received in premiums, together with reasonable investment income earned on those premiums, is reasonably expected to be sufficient to pay claims and losses incurred and reasonable operating expenses of the servicing insurers.","order_by":null,"text":{"0":{"id":252032,"text":"Agreements among insurers may be made for the equitable apportionment among them of insurance that may be afforded applicants who are in good faith entitled to insurance but who are unable to procure it through ordinary methods. Insurers may agree among themselves on the use of reasonable rate modifications for the insurance. The agreements and rate modifications shall be subject to the approval of the Commission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252033,"text":"The Commission may require that the agreements contain reasonable performance standards for insurers or agents, or both, with respect to insurance afforded such applicants. The performance standards may contain, but shall not be limited to: (i) original applications, (ii) premium payments, (iii) policy issuance, (iv) policy changes, (v) return premium, (vi) return commission and (vii) administrative procedures for monitoring compliance with the standards.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":252034,"text":"The Commission may approve policy forms and endorsements for use by such insurers with respect to insurance afforded such applicants.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":252035,"text":"All licensed insurers writing workers’ compensation insurance in the Commonwealth shall participate in the Virginia Workers’ Compensation Insurance Plan, which shall provide for the equitable apportionment among the participants of insurance that may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. Notwithstanding any other provision of law, insurers and rate service organizations participating in the Virginia Workers’ Compensation Insurance Plan may, in connection with such participation, act in cooperation with each other in the making of rates, rating systems, policy forms, underwriting rules, surveys, inspections, investigations, the furnishing of statistical or other information on losses and expenses, or the conduct of research. The rates and supplementary rate information to be used by such plan shall be approved by the Commission. Such rates shall reflect residual market experience to the extent actuarially appropriate and shall be set so that the amount received in premiums, together with reasonable investment income earned on those premiums, is reasonably expected to be sufficient to pay claims and losses incurred and reasonable operating expenses of the servicing insurers.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14874,"edition_id":1,"name":"Rate Filings and Making of Rates","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13596,"metadata":{},"date_created":"2026-06-26 03:50:31","date_modified":"2026-06-26 03:50:31","permalink":{"id":213297,"object_type":"structure","relational_id":14874,"identifier":"2","token":"38.2\/20\/2","url":"\/38.2\/20\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13596,"edition_id":1,"name":"Regulation of Rates for Certain Types of Insurance","identifier":"20","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:21","date_modified":"2026-06-26 03:45:21","permalink":{"id":213273,"object_type":"structure","relational_id":13596,"identifier":"20","token":"38.2\/20","url":"\/38.2\/20\/","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":86394,"structure_id":14874,"section_number":"38.2-2003","catch_line":"Rate filings by insurer; supporting information","url":"\/38.2-2003\/","token":"38.2\/20\/2\/38.2-2003","metadata":false},{"id":67135,"structure_id":14874,"section_number":"38.2-2004","catch_line":"Filings by rate service organization","url":"\/38.2-2004\/","token":"38.2\/20\/2\/38.2-2004","metadata":false},{"id":86135,"structure_id":14874,"section_number":"38.2-2005","catch_line":"Provisions governing making of rates","url":"\/38.2-2005\/","token":"38.2\/20\/2\/38.2-2005","metadata":false},{"id":66814,"structure_id":14874,"section_number":"38.2-2006","catch_line":"Approval by Commission prerequisite to use of filing","url":"\/38.2-2006\/","token":"38.2\/20\/2\/38.2-2006","metadata":false},{"id":80050,"structure_id":14874,"section_number":"38.2-2006.1","catch_line":"Approval by the Commission for credit property and credit involuntary unemployment insurance rates","url":"\/38.2-2006.1\/","token":"38.2\/20\/2\/38.2-2006.1","metadata":false},{"id":62692,"structure_id":14874,"section_number":"38.2-2007","catch_line":"Commission to determine if notice of filing to be published; hearing; approval or disapproval","url":"\/38.2-2007\/","token":"38.2\/20\/2\/38.2-2007","metadata":false},{"id":74375,"structure_id":14874,"section_number":"38.2-2008","catch_line":"Review of rates by Commission","url":"\/38.2-2008\/","token":"38.2\/20\/2\/38.2-2008","metadata":false},{"id":56813,"structure_id":14874,"section_number":"38.2-2009","catch_line":"Repealed","url":"\/38.2-2009\/","token":"38.2\/20\/2\/38.2-2009","metadata":false},{"id":61288,"structure_id":14874,"section_number":"38.2-2010","catch_line":"Suspension or modification of requirement for filing","url":"\/38.2-2010\/","token":"38.2\/20\/2\/38.2-2010","metadata":false},{"id":80273,"structure_id":14874,"section_number":"38.2-2011","catch_line":"Interchange of rating data and information","url":"\/38.2-2011\/","token":"38.2\/20\/2\/38.2-2011","metadata":false},{"id":62843,"structure_id":14874,"section_number":"38.2-2012","catch_line":"Collection of experience data; uniformity; compilations available to insurers and rate service organizations","url":"\/38.2-2012\/","token":"38.2\/20\/2\/38.2-2012","metadata":false},{"id":77966,"structure_id":14874,"section_number":"38.2-2013","catch_line":"Excess rate for specific risk","url":"\/38.2-2013\/","token":"38.2\/20\/2\/38.2-2013","metadata":false},{"id":75015,"structure_id":14874,"section_number":"38.2-2014","catch_line":"Contract or policy to accord with filings","url":"\/38.2-2014\/","token":"38.2\/20\/2\/38.2-2014","metadata":false},{"id":69722,"structure_id":14874,"section_number":"38.2-2015","catch_line":"Agreements for equitable apportionment of insurance; reasonable performance standards; Virginia Workers' Compensation Insurance Plan","url":"\/38.2-2015\/","token":"38.2\/20\/2\/38.2-2015","metadata":false},{"id":70825,"structure_id":14874,"section_number":"38.2-2016","catch_line":"Information regarding rates to be furnished insured","url":"\/38.2-2016\/","token":"38.2\/20\/2\/38.2-2016","metadata":false},{"id":58123,"structure_id":14874,"section_number":"38.2-2017","catch_line":"No rule prohibiting or regulating payment of dividends, etc., to be adopted","url":"\/38.2-2017\/","token":"38.2\/20\/2\/38.2-2017","metadata":false},{"id":61713,"structure_id":14874,"section_number":"38.2-2018","catch_line":"Person aggrieved by application of rating system to be heard; appeal to Commission","url":"\/38.2-2018\/","token":"38.2\/20\/2\/38.2-2018","metadata":false},{"id":58594,"structure_id":14874,"section_number":"38.2-2019","catch_line":"Cooperation among rate service organizations, or among rate service organizations and insurers, authorized; review by Commission","url":"\/38.2-2019\/","token":"38.2\/20\/2\/38.2-2019","metadata":false},{"id":84343,"structure_id":14874,"section_number":"38.2-2020","catch_line":"Rate service organization may procure actuarial, technical or other services","url":"\/38.2-2020\/","token":"38.2\/20\/2\/38.2-2020","metadata":false},{"id":69181,"structure_id":14874,"section_number":"38.2-2021","catch_line":"Examination of policies or other evidences of insurance","url":"\/38.2-2021\/","token":"38.2\/20\/2\/38.2-2021","metadata":false}],"previous_section":{"id":75015,"structure_id":14874,"section_number":"38.2-2014","catch_line":"Contract or policy to accord with filings","url":"\/38.2-2014\/","token":"38.2\/20\/2\/38.2-2014","metadata":false},"next_section":{"id":70825,"structure_id":14874,"section_number":"38.2-2016","catch_line":"Information regarding rates to be furnished insured","url":"\/38.2-2016\/","token":"38.2\/20\/2\/38.2-2016","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2015\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1964, chapter 596; in 1966, chapter 299; in 1980, chapter 112; in 1986, chapter 562; in 1993, chapter 985.<\/p>","references":[{"id":87325,"section_number":"38.2-1343","catch_line":"Minimum standards","order_by":null,"url":"\/38.2-1343\/"},{"id":55046,"section_number":"38.2-5104","catch_line":"Associations","order_by":null,"url":"\/38.2-5104\/"},{"id":73837,"section_number":"38.2-602","catch_line":"Definitions","order_by":null,"url":"\/38.2-602\/"},{"id":73362,"section_number":"46.2-464","catch_line":"Application for assignment of risk to insurance carrier","order_by":null,"url":"\/46.2-464\/"}],"refers_to":false,"permalink":{"id":213351,"object_type":"law","relational_id":69722,"identifier":"38.2-2015","token":"38.2\/20\/2\/38.2-2015","url":"\/38.2-2015\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2015\/","token":"38.2\/20\/2\/38.2-2015","dublin_core":{"Title":"Agreements for equitable apportionment of insurance; reasonable performance standards; Virginia Workers’ Compensation Insurance Plan","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2015","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Agreements among insurers<\/span> may be made for the equitable<\/span> apportionment among them of insurance<\/span> that may be afforded applicants who are in good faith entitled to insurance<\/span> but who are unable to procure it through ordinary methods. Insurers<\/span> may agree among themselves on the use of reasonable rate<\/span> modifications for the insurance<\/span>. The agreements and rate<\/span> modifications shall be subject to the approval of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> may require that the agreements contain reasonable performance standards for insurers<\/span> or agents, or both, with respect to insurance<\/span> afforded such applicants. The performance standards may contain, but shall not be limited to: (i) original applications, (ii) premium payments, (iii) policy issuance, (iv) policy changes, (v) return premium, (vi) return commission<\/span> and (vii) administrative procedures for monitoring compliance with the standards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> may approve policy forms and endorsements for use by such insurers<\/span> with respect to insurance<\/span> afforded such applicants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All licensed insurers<\/span> writing workers’ compensation insurance<\/span> in the Commonwealth shall participate in the Virginia Workers’ Compensation Insurance<\/span> Plan, which shall provide for the equitable<\/span> apportionment among the participants of insurance<\/span> that may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance<\/span> through ordinary methods. Notwithstanding any other provision of law<\/span>, insurers<\/span> and rate service organizations<\/span> participating in the Virginia Workers’ Compensation Insurance<\/span> Plan may, in connection with such participation, act in cooperation with each other in the making of rates<\/span><\/span>, rating systems, policy forms, underwriting rules, surveys, inspections, investigations, the furnishing of statistical or other information on losses and expenses, or the conduct of research. The rates<\/span><\/span> and supplementary rate information to be used by such plan shall be approved by the Commission<\/span>. Such rates<\/span><\/span> shall reflect residual market experience to the extent actuarially appropriate and shall be set so that the amount received in premiums, together with reasonable investment income earned on those premiums, is reasonably expected to be sufficient to pay claims and losses incurred and reasonable operating expenses of the servicing insurers<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGREEMENTS FOR EQUITABLE APPORTIONMENT OF INSURANCE; REASONABLE PERFORMANCE\nSTANDARDS; VIRGINIA WORKERS’ COMPENSATION INSURANCE PLAN (\u00a7 38.2-2015)\n\nA. Agreements among insurers may be made for the equitable apportionment among\nthem of insurance that may be afforded applicants who are in good faith entitled\nto insurance but who are unable to procure it through ordinary methods. Insurers\nmay agree among themselves on the use of reasonable rate modifications for the\ninsurance. The agreements and rate modifications shall be subject to the\napproval of the Commission.\n\nB. The Commission may require that the agreements contain reasonable performance\nstandards for insurers or agents, or both, with respect to insurance afforded\nsuch applicants. The performance standards may contain, but shall not be limited\nto: (i) original applications, (ii) premium payments, (iii) policy issuance,\n(iv) policy changes, (v) return premium, (vi) return commission and (vii)\nadministrative procedures for monitoring compliance with the standards.\n\nC. The Commission may approve policy forms and endorsements for use by such\ninsurers with respect to insurance afforded such applicants.\n\nD. All licensed insurers writing workers’ compensation insurance in the\nCommonwealth shall participate in the Virginia Workers’ Compensation\nInsurance Plan, which shall provide for the equitable apportionment among the\nparticipants of insurance that may be afforded applicants who are in good faith\nentitled to but who are unable to procure such insurance through ordinary\nmethods. Notwithstanding any other provision of law, insurers and rate service\norganizations participating in the Virginia Workers’ Compensation\nInsurance Plan may, in connection with such participation, act in cooperation\nwith each other in the making of rates, rating systems, policy forms,\nunderwriting rules, surveys, inspections, investigations, the furnishing of\nstatistical or other information on losses and expenses, or the conduct of\nresearch. The rates and supplementary rate information to be used by such plan\nshall be approved by the Commission. Such rates shall reflect residual market\nexperience to the extent actuarially appropriate and shall be set so that the\namount received in premiums, together with reasonable investment income earned\non those premiums, is reasonably expected to be sufficient to pay claims and\nlosses incurred and reasonable operating expenses of the servicing insurers.\n\nHISTORY: Code 1950, \u00a7 38-250; 1952, c. 317, \u00a7 38.1-264; 1964, c. 596; 1966, c.\n299; 1980, c. 112; 1986, c. 562; 1993, c. 985.","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}}