{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2113.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2113.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2113.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2113.html"}],"law_id":62048,"edition_id":1,"section_id":62048,"structure_id":13409,"section_number":"38.2-2113","catch_line":"Mailing or electronic delivery of notice of cancellation or refusal to renew","history":"1972, c. 110, \u00a7 38.1-371.1; 1983, c. 371; 1986, c. 562; 1992, c. 160; 2000, c. 529; 2003, c. 387; 2009, c. 215; 2013, c. 257; 2015, cc. 9, 443; 2016, cc. 4, 71.","full_text":"A\n\nNo written notice of cancellation of or refusal to renew a policy written to insure owner-occupied dwellings shall be effective when mailed or delivered electronically by an insurer unless the insurer complies with the applicable provisions of subdivisions 1, 2, and 3:1\n\nIf the notice is mailed, proof of mailing a notice of cancellation or refusal to renew shall be obtained using one of the following methods that demonstrates the date that the notice was sent to the named insured at the address stated in the policy or to the named insured&#8217;s last known address:\n\t\t\t\ta. The notice is sent by:1\n\nRegistered mail;2\n\nCertified mail; or3\n\nAny other similar first-class mail tracking method used or approved by the United States Postal Service, including Intelligent Mail barcode Tracing (IMb Tracing); or\n\t\t\t\t\tb. The notice is sent by another method of mailing for which a certificate of mailing is obtained from the United States Postal Service at the time the notice is accepted for mailing. A certificate of mailing from the United States Postal Service does not include a certificate of bulk mailing.2\n\nIf the notice is delivered electronically, the insurer retains evidence of electronic transmittal or receipt of the notification for at least one year from the date of the transmittal.3\n\nIf the notice is mailed, the insurer retains a copy of the notice of cancellation or refusal to renew for at least one year from the date such action was effective. If the notice is mailed, proof of mailing from the United States Postal Service consistent with the mailing method utilized by the insurer shall be maintained for one year from the date the cancellation or nonrenewal notice is effective.B\n\nThis section shall not apply to policies written through the Virginia Property Insurance Association or any other residual market facility established pursuant to Chapter 27 (&#xA7; 38.2-2700 et seq.) of this title.C\n\n1. If the terms of the policy require the notice of cancellation or refusal to renew to be given to any lienholder, then the insurer shall mail such notice and retain a copy of the notice in the manner required by subsection A. If the notices sent to the insured and the lienholder are part of the same form, the insurer may retain a single copy of the notice. Proof of mailing from the United States Postal Service consistent with the mailing method utilized by the insurer shall be maintained for one year from the date the cancellation or nonrenewal notice is effective.2\n\nNotwithstanding the provisions of subdivision 1, if the terms of the policy require the notice of cancellation or refusal to renew to be given to any lienholder, the insurer and lienholder may agree by separate agreement that such notices may be transmitted electronically, provided that the insurer and lienholder agree upon the specifics for transmittal and acknowledgment of notification. Evidence of transmittal or receipt of the notification required by this subsection shall be retained by the insurer for at least one year from the date of termination.D\n\n&#8220;Copy,&#8221; as used in this section, includes photographs, microphotographs, photostats, microfilm, microcard, printouts, or other reproductions of electronically stored data or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process that forms a durable medium for its recording, storing, and reproducing.","order_by":null,"text":{"0":{"id":226432,"text":"No written notice of cancellation of or refusal to renew a policy written to insure owner-occupied dwellings shall be effective when mailed or delivered electronically by an insurer unless the insurer complies with the applicable provisions of subdivisions 1, 2, and 3:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":226433,"text":"If the notice is mailed, proof of mailing a notice of cancellation or refusal to renew shall be obtained using one of the following methods that demonstrates the date that the notice was sent to the named insured at the address stated in the policy or to the named insured&#8217;s last known address:\n\t\t\t\ta. The notice is sent by:","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A11"},"2":{"id":226434,"text":"Registered mail;","type":"section","prefixes":["A","1","1"],"prefix":"1","entire_prefix":"A11","prefix_anchor":"A11","level":3,"prior_prefix":"A1","next_prefix":"A12"},"3":{"id":226435,"text":"Certified mail; or","type":"section","prefixes":["A","1","2"],"prefix":"2","entire_prefix":"A12","prefix_anchor":"A12","level":3,"prior_prefix":"A11","next_prefix":"A13"},"4":{"id":226436,"text":"Any other similar first-class mail tracking method used or approved by the United States Postal Service, including Intelligent Mail barcode Tracing (IMb Tracing); or\n\t\t\t\t\tb. The notice is sent by another method of mailing for which a certificate of mailing is obtained from the United States Postal Service at the time the notice is accepted for mailing. A certificate of mailing from the United States Postal Service does not include a certificate of bulk mailing.","type":"section","prefixes":["A","1","3"],"prefix":"3","entire_prefix":"A13","prefix_anchor":"A13","level":3,"prior_prefix":"A12","next_prefix":"A2"},"5":{"id":226437,"text":"If the notice is delivered electronically, the insurer retains evidence of electronic transmittal or receipt of the notification for at least one year from the date of the transmittal.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A13","next_prefix":"A3"},"6":{"id":226438,"text":"If the notice is mailed, the insurer retains a copy of the notice of cancellation or refusal to renew for at least one year from the date such action was effective. If the notice is mailed, proof of mailing from the United States Postal Service consistent with the mailing method utilized by the insurer shall be maintained for one year from the date the cancellation or nonrenewal notice is effective.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"7":{"id":226439,"text":"This section shall not apply to policies written through the Virginia Property Insurance Association or any other residual market facility established pursuant to Chapter 27 (&#xA7; 38.2-2700 et seq.) of this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"8":{"id":226440,"text":"1. If the terms of the policy require the notice of cancellation or refusal to renew to be given to any lienholder, then the insurer shall mail such notice and retain a copy of the notice in the manner required by subsection A. If the notices sent to the insured and the lienholder are part of the same form, the insurer may retain a single copy of the notice. Proof of mailing from the United States Postal Service consistent with the mailing method utilized by the insurer shall be maintained for one year from the date the cancellation or nonrenewal notice is effective.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"9":{"id":226441,"text":"Notwithstanding the provisions of subdivision 1, if the terms of the policy require the notice of cancellation or refusal to renew to be given to any lienholder, the insurer and lienholder may agree by separate agreement that such notices may be transmitted electronically, provided that the insurer and lienholder agree upon the specifics for transmittal and acknowledgment of notification. Evidence of transmittal or receipt of the notification required by this subsection shall be retained by the insurer for at least one year from the date of termination.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"10":{"id":226442,"text":"&#8220;Copy,&#8221; as used in this section, includes photographs, microphotographs, photostats, microfilm, microcard, printouts, or other reproductions of electronically stored data or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process that forms a durable medium for its recording, storing, and reproducing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"ancestry":[{"id":13409,"edition_id":1,"name":"Fire Insurance Policies","identifier":"21","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":213407,"object_type":"structure","relational_id":13409,"identifier":"21","token":"38.2\/21","url":"\/38.2\/21\/","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":62063,"structure_id":13409,"section_number":"38.2-2100","catch_line":"Application of chapter","url":"\/38.2-2100\/","token":"38.2\/21\/38.2-2100","metadata":false},{"id":77806,"structure_id":13409,"section_number":"38.2-2101","catch_line":"Policies shall conform to provisions of this chapter","url":"\/38.2-2101\/","token":"38.2\/21\/38.2-2101","metadata":false},{"id":71827,"structure_id":13409,"section_number":"38.2-2102","catch_line":"Excluding loss or damage caused by nuclear reaction, nuclear radiation, or radioactive contamination","url":"\/38.2-2102\/","token":"38.2\/21\/38.2-2102","metadata":false},{"id":75374,"structure_id":13409,"section_number":"38.2-2103","catch_line":"Information to be printed on policy","url":"\/38.2-2103\/","token":"38.2\/21\/38.2-2103","metadata":false},{"id":78292,"structure_id":13409,"section_number":"38.2-2104","catch_line":"Standard insuring agreement for fire insurance policies","url":"\/38.2-2104\/","token":"38.2\/21\/38.2-2104","metadata":false},{"id":83792,"structure_id":13409,"section_number":"38.2-2105","catch_line":"Standard provisions, conditions, stipulations and agreements for such policies","url":"\/38.2-2105\/","token":"38.2\/21\/38.2-2105","metadata":false},{"id":75986,"structure_id":13409,"section_number":"38.2-2106","catch_line":"Standard form for execution of policies","url":"\/38.2-2106\/","token":"38.2\/21\/38.2-2106","metadata":false},{"id":79024,"structure_id":13409,"section_number":"38.2-2107","catch_line":"Commission may establish guidelines for filing readable fire insurance policy forms","url":"\/38.2-2107\/","token":"38.2\/21\/38.2-2107","metadata":false},{"id":54378,"structure_id":13409,"section_number":"38.2-2108","catch_line":"Standards for content of fire insurance policies","url":"\/38.2-2108\/","token":"38.2\/21\/38.2-2108","metadata":false},{"id":72503,"structure_id":13409,"section_number":"38.2-2108.1","catch_line":"Commercial fire insurance policies; changes to amount of coverage","url":"\/38.2-2108.1\/","token":"38.2\/21\/38.2-2108.1","metadata":false},{"id":72078,"structure_id":13409,"section_number":"38.2-2109","catch_line":"Execution of policies","url":"\/38.2-2109\/","token":"38.2\/21\/38.2-2109","metadata":false},{"id":73410,"structure_id":13409,"section_number":"38.2-2110","catch_line":"Other matter permitted in the policy","url":"\/38.2-2110\/","token":"38.2\/21\/38.2-2110","metadata":false},{"id":61333,"structure_id":13409,"section_number":"38.2-2111","catch_line":"Special regulations to be added to policy","url":"\/38.2-2111\/","token":"38.2\/21\/38.2-2111","metadata":false},{"id":75728,"structure_id":13409,"section_number":"38.2-2112","catch_line":"Temporary insurance contracts; duration; what deemed to include","url":"\/38.2-2112\/","token":"38.2\/21\/38.2-2112","metadata":false},{"id":62048,"structure_id":13409,"section_number":"38.2-2113","catch_line":"Mailing or electronic delivery of notice of cancellation or refusal to renew","url":"\/38.2-2113\/","token":"38.2\/21\/38.2-2113","metadata":false},{"id":83824,"structure_id":13409,"section_number":"38.2-2114","catch_line":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","url":"\/38.2-2114\/","token":"38.2\/21\/38.2-2114","metadata":false},{"id":64753,"structure_id":13409,"section_number":"38.2-2114.1","catch_line":"Powers of Commission; replacement policies","url":"\/38.2-2114.1\/","token":"38.2\/21\/38.2-2114.1","metadata":false},{"id":83507,"structure_id":13409,"section_number":"38.2-2115","catch_line":"Discrimination in issuance of fire insurance","url":"\/38.2-2115\/","token":"38.2\/21\/38.2-2115","metadata":false},{"id":54915,"structure_id":13409,"section_number":"38.2-2116","catch_line":"Policies issued by two or more insurers","url":"\/38.2-2116\/","token":"38.2\/21\/38.2-2116","metadata":false},{"id":66578,"structure_id":13409,"section_number":"38.2-2117","catch_line":"Approval of forms or provisions for additional coverage","url":"\/38.2-2117\/","token":"38.2\/21\/38.2-2117","metadata":false},{"id":60472,"structure_id":13409,"section_number":"38.2-2118","catch_line":"Required statement on insurance policies for owner-occupied dwellings","url":"\/38.2-2118\/","token":"38.2\/21\/38.2-2118","metadata":false},{"id":62298,"structure_id":13409,"section_number":"38.2-2119","catch_line":"Approval of forms or provisions for certain risks","url":"\/38.2-2119\/","token":"38.2\/21\/38.2-2119","metadata":false},{"id":82981,"structure_id":13409,"section_number":"38.2-2120","catch_line":"Optional coverage to be offered with homeowner's policy","url":"\/38.2-2120\/","token":"38.2\/21\/38.2-2120","metadata":false},{"id":84269,"structure_id":13409,"section_number":"38.2-2121","catch_line":"When courts may appoint umpires","url":"\/38.2-2121\/","token":"38.2\/21\/38.2-2121","metadata":false},{"id":61467,"structure_id":13409,"section_number":"38.2-2122","catch_line":"Appraisers and umpires; oath to be taken","url":"\/38.2-2122\/","token":"38.2\/21\/38.2-2122","metadata":false},{"id":68968,"structure_id":13409,"section_number":"38.2-2123","catch_line":"Chapter not applicable to certain mutual insurers","url":"\/38.2-2123\/","token":"38.2\/21\/38.2-2123","metadata":false},{"id":73109,"structure_id":13409,"section_number":"38.2-2124","catch_line":"Optional coverage to be offered with fire insurance policy","url":"\/38.2-2124\/","token":"38.2\/21\/38.2-2124","metadata":false},{"id":74256,"structure_id":13409,"section_number":"38.2-2125","catch_line":"Notice regarding flood exclusion","url":"\/38.2-2125\/","token":"38.2\/21\/38.2-2125","metadata":false},{"id":73902,"structure_id":13409,"section_number":"38.2-2126","catch_line":"Insurance credit score disclosure; use of credit information","url":"\/38.2-2126\/","token":"38.2\/21\/38.2-2126","metadata":false},{"id":74645,"structure_id":13409,"section_number":"38.2-2127","catch_line":"Notice of change in deductible","url":"\/38.2-2127\/","token":"38.2\/21\/38.2-2127","metadata":false},{"id":72319,"structure_id":13409,"section_number":"38.2-2128","catch_line":"Certain exclusions permitted","url":"\/38.2-2128\/","token":"38.2\/21\/38.2-2128","metadata":false},{"id":85505,"structure_id":13409,"section_number":"38.2-2129","catch_line":"Notice regarding earthquake exclusion","url":"\/38.2-2129\/","token":"38.2\/21\/38.2-2129","metadata":false},{"id":80309,"structure_id":13409,"section_number":"38.2-2130","catch_line":"Coverage for volunteer fire department costs","url":"\/38.2-2130\/","token":"38.2\/21\/38.2-2130","metadata":false},{"id":61541,"structure_id":13409,"section_number":"38.2-2131","catch_line":"Assignment of claims prohibited","url":"\/38.2-2131\/","token":"38.2\/21\/38.2-2131","metadata":false}],"previous_section":{"id":75728,"structure_id":13409,"section_number":"38.2-2112","catch_line":"Temporary insurance contracts; duration; what deemed to include","url":"\/38.2-2112\/","token":"38.2\/21\/38.2-2112","metadata":false},"next_section":{"id":83824,"structure_id":13409,"section_number":"38.2-2114","catch_line":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","url":"\/38.2-2114\/","token":"38.2\/21\/38.2-2114","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2113\/","history_text":"<p>This law was first created in 1972. The record of its establishment is cataloged in chapter 110 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 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 9 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 1983, chapter 371; in 1986, chapter 562; in 1992, chapter 160; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0529\">529<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0387\">387<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0215\">215<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0257\">257<\/a>; in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0009\">9<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0443\">443<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0004\">4<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0071\">71<\/a>.<\/p>","references":[{"id":83824,"section_number":"38.2-2114","catch_line":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","order_by":null,"url":"\/38.2-2114\/"},{"id":64753,"section_number":"38.2-2114.1","catch_line":"Powers of Commission; replacement policies","order_by":null,"url":"\/38.2-2114.1\/"},{"id":72048,"section_number":"38.2-325","catch_line":"Electronic delivery","order_by":null,"url":"\/38.2-325\/"}],"refers_to":[{"id":76295,"section_number":"38.2-2700","catch_line":"Purposes of chapter","order_by":null,"url":"\/38.2-2700\/"}],"permalink":{"id":213465,"object_type":"law","relational_id":62048,"identifier":"38.2-2113","token":"38.2\/21\/38.2-2113","url":"\/38.2-2113\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2113\/","token":"38.2\/21\/38.2-2113","dublin_core":{"Title":"Mailing or electronic delivery of notice of cancellation or refusal to renew","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2113","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No written notice of cancellation of or refusal to renew a policy written to insure owner-occupied dwellings shall be effective when mailed or delivered electronically by an <span class=\"dictionary\">insurer<\/span> unless the <span class=\"dictionary\">insurer<\/span> complies with the applicable provisions of subdivisions 1, 2, and 3: <a id=\"paragraph-226432\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> If the notice is mailed, proof of mailing a notice of cancellation or refusal to renew shall be obtained using one of the following methods that demonstrates the date that the notice was sent to the named insured at the address stated in the policy or to the named insured&#8217;s last known address:\n\t\t\t\ta. The notice is sent by: <a id=\"paragraph-226433\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A11\" class=\"indent-2\"><p><span class=\"prefix-number\">1.<\/span> Registered mail; <a id=\"paragraph-226434\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#A11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A12\" class=\"indent-2\"><p><span class=\"prefix-number\">2.<\/span> Certified mail; or <a id=\"paragraph-226435\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#A12\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A13\" class=\"indent-2\"><p><span class=\"prefix-number\">3.<\/span> Any other similar first-class mail tracking method used or approved by the United <span class=\"dictionary\">States<\/span> Postal Service, including Intelligent Mail barcode Tracing (IMb Tracing); or\n\t\t\t\t\tb. The notice is sent by another method of mailing for which a certificate of mailing is obtained from the United <span class=\"dictionary\">States<\/span> Postal Service at the time the notice is accepted for mailing. A certificate of mailing from the United <span class=\"dictionary\">States<\/span> Postal Service does not include a certificate of bulk mailing. <a id=\"paragraph-226436\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#A13\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If the notice is delivered electronically, the <span class=\"dictionary\">insurer<\/span> retains <span class=\"dictionary\">evidence<\/span> of electronic transmittal or receipt of the notification for at least one year from the date of the transmittal. <a id=\"paragraph-226437\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> If the notice is mailed, the <span class=\"dictionary\">insurer<\/span> retains a copy of the notice of cancellation or refusal to renew for at least one year from the date such action was effective. If the notice is mailed, proof of mailing from the United <span class=\"dictionary\">States<\/span> Postal Service consistent with the mailing method utilized by the <span class=\"dictionary\">insurer<\/span> shall be maintained for one year from the date the cancellation or nonrenewal notice is effective. <a id=\"paragraph-226438\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#A3\"><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> This section shall not apply to policies written through the Virginia Property <span class=\"dictionary\">Insurance<\/span> Association or any other residual market facility established pursuant to Chapter 27 (&#xA7; <a class=\"law\" title=\"Purposes of chapter\" href=\"\/38.2-2700\/\">38.2-2700<\/a> et seq.) of this title. <a id=\"paragraph-226439\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#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> 1. If the terms of the policy require the notice of cancellation or refusal to renew to be given to any lienholder, then the <span class=\"dictionary\">insurer<\/span> shall mail such notice and retain a copy of the notice in the manner required by subsection A. If the notices sent to the insured and the lienholder are part of the same form, the <span class=\"dictionary\">insurer<\/span> may retain a single copy of the notice. Proof of mailing from the United <span class=\"dictionary\">States<\/span> Postal Service consistent with the mailing method utilized by the <span class=\"dictionary\">insurer<\/span> shall be maintained for one year from the date the cancellation or nonrenewal notice is effective. <a id=\"paragraph-226440\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Notwithstanding the provisions of subdivision 1, if the terms of the policy require the notice of cancellation or refusal to renew to be given to any lienholder, the <span class=\"dictionary\">insurer<\/span> and lienholder may agree by separate agreement that such notices may be transmitted electronically, provided that the <span class=\"dictionary\">insurer<\/span> and lienholder agree upon the specifics for transmittal and acknowledgment of notification. <span class=\"dictionary\">Evidence<\/span> of transmittal or receipt of the notification required by this subsection shall be retained by the <span class=\"dictionary\">insurer<\/span> for at least one year from the date of termination. <a id=\"paragraph-226441\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#C2\"><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> &#8220;Copy,&#8221; as used in this section, includes photographs, microphotographs, photostats, microfilm, microcard, printouts, or other reproductions of electronically stored data or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process that forms a durable medium for its recording, storing, and reproducing. <a id=\"paragraph-226442\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2113\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMAILING OR ELECTRONIC DELIVERY OF NOTICE OF CANCELLATION OR REFUSAL TO RENEW (\u00a7\n38.2-2113)\n\nA. No written notice of cancellation of or refusal to renew a policy written to\ninsure owner-occupied dwellings shall be effective when mailed or delivered\nelectronically by an insurer unless the insurer complies with the applicable\nprovisions of subdivisions 1, 2, and 3:\n\n   1. If the notice is mailed, proof of mailing a notice of cancellation or\n   refusal to renew shall be obtained using one of the following methods that\n   demonstrates the date that the notice was sent to the named insured at the\n   address stated in the policy or to the named insured&#8217;s last known\n   address:\n   \t\t\t\ta. The notice is sent by:\n\n      1. Registered mail;\n\n      2. Certified mail; or\n\n      3. Any other similar first-class mail tracking method used or approved by\n      the United States Postal Service, including Intelligent Mail barcode Tracing\n      (IMb Tracing); or\n      \t\t\t\t\tb. The notice is sent by another method of mailing for which a\n      certificate of mailing is obtained from the United States Postal Service at\n      the time the notice is accepted for mailing. A certificate of mailing from\n      the United States Postal Service does not include a certificate of bulk\n      mailing.\n\n   2. If the notice is delivered electronically, the insurer retains evidence of\n   electronic transmittal or receipt of the notification for at least one year\n   from the date of the transmittal.\n\n   3. If the notice is mailed, the insurer retains a copy of the notice of\n   cancellation or refusal to renew for at least one year from the date such\n   action was effective. If the notice is mailed, proof of mailing from the\n   United States Postal Service consistent with the mailing method utilized by\n   the insurer shall be maintained for one year from the date the cancellation or\n   nonrenewal notice is effective.\n\nB. This section shall not apply to policies written through the Virginia\nProperty Insurance Association or any other residual market facility established\npursuant to Chapter 27 (&#xA7; 38.2-2700 et seq.) of this title.\n\nC. 1. If the terms of the policy require the notice of cancellation or refusal\nto renew to be given to any lienholder, then the insurer shall mail such notice\nand retain a copy of the notice in the manner required by subsection A. If the\nnotices sent to the insured and the lienholder are part of the same form, the\ninsurer may retain a single copy of the notice. Proof of mailing from the United\nStates Postal Service consistent with the mailing method utilized by the insurer\nshall be maintained for one year from the date the cancellation or nonrenewal\nnotice is effective.\n\n   2. Notwithstanding the provisions of subdivision 1, if the terms of the policy\n   require the notice of cancellation or refusal to renew to be given to any\n   lienholder, the insurer and lienholder may agree by separate agreement that\n   such notices may be transmitted electronically, provided that the insurer and\n   lienholder agree upon the specifics for transmittal and acknowledgment of\n   notification. Evidence of transmittal or receipt of the notification required\n   by this subsection shall be retained by the insurer for at least one year from\n   the date of termination.\n\nD. &#8220;Copy,&#8221; as used in this section, includes photographs,\nmicrophotographs, photostats, microfilm, microcard, printouts, or other\nreproductions of electronically stored data or copies from optical disks,\nelectronically transmitted facsimiles, or any other reproduction of an original\nfrom a process that forms a durable medium for its recording, storing, and\nreproducing.\n\nHISTORY: 1972, c. 110, \u00a7 38.1-371.1; 1983, c. 371; 1986, c. 562; 1992, c. 160;\n2000, c. 529; 2003, c. 387; 2009, c. 215; 2013, c. 257; 2015, cc. 9, 443; 2016,\ncc. 4, 71.","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}}