{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2114.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2114.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2114.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2114.html"}],"law_id":83824,"edition_id":1,"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","history":"1972, c. 110, \u00a7 38.1-371.2; 1975, c. 350; 1978, c. 441; 1983, c. 371; 1986, c. 562; 1990, c. 293; 1995, c. 3; 1996, c. 237; 1998, c. 142; 2003, cc. 543, 553; 2004, c. 300; 2005, c. 872; 2008, cc. 58, 221; 2009, cc. 215, 442; 2013, c. 257; 2020, c. 1137.","full_text":"A\n\nNotwithstanding the provisions of \u00a7 38.2-2105, no policy or contract written to insure owner-occupied dwellings shall be canceled by an insurer unless written notice is mailed or delivered to the named insured at the address stated in the policy, or is delivered electronically to the address provided by the named insured, and cancellation is for one of the following reasons:1\n\nFailure to pay the premium when due;2\n\nConviction of a crime arising out of acts increasing the probability that a peril insured against will occur;3\n\nDiscovery of fraud or material misrepresentation;4\n\nWillful or reckless acts or omissions increasing the probability that a peril insured against will occur as determined from a physical inspection of the insured premises;5\n\nPhysical changes in the property which result in the property becoming uninsurable as determined from a physical inspection of the insured premises; or6\n\nForeclosure efforts by the secured party against the subject property covered by the policy that have resulted in the sale of the property by a trustee under a deed of trust as duly recorded in the land title records of the jurisdiction in which the property is located.B\n\nNo policy or contract written to insure owner-occupied dwellings shall be terminated by an insurer by refusal to renew except at the expiration of the stated policy period or term and unless the insurer or its agent acting on behalf of the insurer mails or delivers to the named insured, at the address stated in the policy, or delivers electronically to the address provided by the named insured, written notice of the insurer’s refusal to renew the policy or contract.C\n\nA written notice of cancellation of or refusal to renew a policy or contract written to insure owner-occupied dwellings shall:1\n\nState the date that the insurer proposes to terminate the policy or contract, which shall be at least 30 days after mailing or delivering to the named insured the notice of cancellation or refusal to renew. However, when the policy is being terminated for the reason set forth in subdivision A 1, the date that the insurer proposes to terminate the policy may be less than 30 days but at least 10 days from the date of mailing or delivery;2\n\nState the specific reason for terminating the policy or contract and provide for the notification required by the provisions of §§ 38.2-608 and 38.2-609 and subsection B of § 38.2-610. However, those notification requirements shall not apply when the policy is being canceled or not renewed for the reason set forth in subdivision A 1;3\n\nAdvise the insured that within 10 days of receipt of the notice of termination he may request in writing that the Commissioner review the action of the insurer in terminating the policy or contract;4\n\nAdvise the insured of his possible eligibility for fire insurance coverage through the Virginia Property Insurance Association; and5\n\nBe in a type size authorized by § 38.2-311.D\n\nWithin 10 days of receipt of the notice of termination any insured or his attorney shall be entitled to request in writing to the Commissioner that he review the action of the insurer in terminating a policy or contract written to insure owner-occupied dwellings. Upon receipt of the request, the Commissioner shall promptly initiate a review to determine whether the insurer’s cancellation or refusal to renew complies with the requirements of this section and of § 38.2-2113, if sent by mail or delivered electronically. The policy shall remain in full force and effect during the pendency of the review by the Commissioner except where the cancellation or refusal to renew is for reason of nonpayment of premium, in which case the policy shall terminate as of the date stated in the notice. Where the Commissioner finds from the review that the cancellation or refusal to renew has not complied with the requirements of this section or of § 38.2-2113, if sent by mail or delivered electronically, he shall immediately notify the insurer, the insured, and any other person to whom notice of cancellation or refusal to renew was required to be given by the terms of the policy that the cancellation or refusal to renew is not effective. Nothing in this section authorizes the Commissioner to substitute his judgment as to underwriting for that of the insurer.E\n\nNothing in this section shall apply:1\n\nTo any policy written to insure owner-occupied dwellings that has been in effect for less than 90 days when the notice of termination is mailed or delivered to the insured, unless it is a renewal policy;2\n\nIf the insurer or its agent acting on behalf of the insurer has manifested its willingness to renew by issuing or offering to issue a renewal policy, certificate or other evidence of renewal, or has otherwise manifested its willingness to renew in writing to the insured. The written manifestation shall include the name of a proposed insurer, the expiration date of the policy, the type of insurance coverage, and information regarding the estimated renewal premium;3\n\nIf the named insured or his duly constituted attorney-in-fact has notified the insurer or its agent orally, or in writing, if the insurer requires such notification to be in writing, that he wishes the policy to be canceled, or that he does not wish the policy to be renewed, or if, prior to the date of expiration, he fails to accept the offer of the insurer to renew the policy;4\n\nTo any contract or policy written through the Virginia Property Insurance Association or any residual market facility established pursuant to Chapter 27 (§ 38.2-2700 et seq.); or5\n\nIf an affiliated insurer has manifested its willingness to provide coverage at a lower premium than would have been charged for the same exposures on the expiring policy. The affiliated insurer shall manifest its willingness to provide coverage by issuing a policy with the types and limits of coverage at least equal to those contained in the expiring policy unless the named insured has requested a change in coverage or limits. When such offer is made by an affiliated insurer, an offer of renewal shall not be required of the insurer of the expiring policy, and the policy issued by the affiliated insurer shall be deemed to be a renewal policy.F\n\nEach insurer shall maintain, for at least one year, records of cancellation and refusal to renew and copies of every notice or statement referred to in subsection E that it sends to any of its insureds.G\n\nThere shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or his subordinates; any insurer, its authorized representative, its agents, or its employees; or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or refusal to renew, for any statement made by any of them in complying with this section or for providing information pertaining to the cancellation or refusal to renew.H\n\nNothing in this section requires an insurer to renew a policy written to insure owner-occupied dwellings, if the insured does not conform to the occupational or membership requirements of an insurer who limits its writings to an occupation or membership of an organization.I\n\nNo insurer or agent shall refuse to renew a policy written to insure an owner-occupied dwelling, solely because of any one or more of the following factors:1\n\nAge;2\n\nSex;3\n\nResidence;4\n\nRace;5\n\nColor;6\n\nCreed;7\n\nNational origin;8\n\nAncestry;9\n\nMarital status;10\n\nSexual orientation;11\n\nGender identity;12\n\nLawful occupation, including the military service; however, nothing in this subsection shall require any insurer to renew a policy for an insured where the insured’s occupation has changed so as to increase materially the risk;13\n\nCredit information contained in a “consumer report,” as defined in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., bearing on a natural person’s creditworthiness, credit standing or credit capacity. If credit information is used, in part, as the basis for the nonrenewal, such credit information shall be based on a consumer report procured within 120 days from the effective date of the nonrenewal;14\n\nAny claim resulting primarily from natural causes;15\n\nOne or more claims that were incurred more than 60 months immediately prior to the expiration of the current policy period; or16\n\nAny inquiry from an insured about his insurance coverage or policy provisions. For purposes of this subdivision, “inquiry” means a written or oral communication by an insured seeking information regarding coverage or policy provisions that does not notify the insurer of a loss, incident or accident, and that does not provide information indicating an increase in the hazard insured against. An insurer shall not report any inquiry as a claim to a loss history database maintained by a consumer reporting agency or insurance support organization.\n\t\t\t\tNothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.J\n\nNo insurer shall cancel or refuse to renew a policy written to insure an owner-occupied dwelling because an insured under the policy is a foster parent and foster children reside at the insured dwelling.","order_by":null,"text":{"0":{"id":300442,"text":"Notwithstanding the provisions of \u00a7 38.2-2105, no policy or contract written to insure owner-occupied dwellings shall be canceled by an insurer unless written notice is mailed or delivered to the named insured at the address stated in the policy, or is delivered electronically to the address provided by the named insured, and cancellation is for one of the following reasons:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":300443,"text":"Failure to pay the premium when due;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":300444,"text":"Conviction of a crime arising out of acts increasing the probability that a peril insured against will occur;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":300445,"text":"Discovery of fraud or material misrepresentation;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":300446,"text":"Willful or reckless acts or omissions increasing the probability that a peril insured against will occur as determined from a physical inspection of the insured premises;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":300447,"text":"Physical changes in the property which result in the property becoming uninsurable as determined from a physical inspection of the insured premises; or","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":300448,"text":"Foreclosure efforts by the secured party against the subject property covered by the policy that have resulted in the sale of the property by a trustee under a deed of trust as duly recorded in the land title records of the jurisdiction in which the property is located.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":300449,"text":"No policy or contract written to insure owner-occupied dwellings shall be terminated by an insurer by refusal to renew except at the expiration of the stated policy period or term and unless the insurer or its agent acting on behalf of the insurer mails or delivers to the named insured, at the address stated in the policy, or delivers electronically to the address provided by the named insured, written notice of the insurer’s refusal to renew the policy or contract.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":300450,"text":"A written notice of cancellation of or refusal to renew a policy or contract written to insure owner-occupied dwellings shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"9":{"id":300451,"text":"State the date that the insurer proposes to terminate the policy or contract, which shall be at least 30 days after mailing or delivering to the named insured the notice of cancellation or refusal to renew. However, when the policy is being terminated for the reason set forth in subdivision A 1, the date that the insurer proposes to terminate the policy may be less than 30 days but at least 10 days from the date of mailing or delivery;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"10":{"id":300452,"text":"State the specific reason for terminating the policy or contract and provide for the notification required by the provisions of §§ 38.2-608 and 38.2-609 and subsection B of § 38.2-610. However, those notification requirements shall not apply when the policy is being canceled or not renewed for the reason set forth in subdivision A 1;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"11":{"id":300453,"text":"Advise the insured that within 10 days of receipt of the notice of termination he may request in writing that the Commissioner review the action of the insurer in terminating the policy or contract;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"12":{"id":300454,"text":"Advise the insured of his possible eligibility for fire insurance coverage through the Virginia Property Insurance Association; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"13":{"id":300455,"text":"Be in a type size authorized by § 38.2-311.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"14":{"id":300456,"text":"Within 10 days of receipt of the notice of termination any insured or his attorney shall be entitled to request in writing to the Commissioner that he review the action of the insurer in terminating a policy or contract written to insure owner-occupied dwellings. Upon receipt of the request, the Commissioner shall promptly initiate a review to determine whether the insurer’s cancellation or refusal to renew complies with the requirements of this section and of § 38.2-2113, if sent by mail or delivered electronically. The policy shall remain in full force and effect during the pendency of the review by the Commissioner except where the cancellation or refusal to renew is for reason of nonpayment of premium, in which case the policy shall terminate as of the date stated in the notice. Where the Commissioner finds from the review that the cancellation or refusal to renew has not complied with the requirements of this section or of § 38.2-2113, if sent by mail or delivered electronically, he shall immediately notify the insurer, the insured, and any other person to whom notice of cancellation or refusal to renew was required to be given by the terms of the policy that the cancellation or refusal to renew is not effective. Nothing in this section authorizes the Commissioner to substitute his judgment as to underwriting for that of the insurer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"15":{"id":300457,"text":"Nothing in this section shall apply:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"16":{"id":300458,"text":"To any policy written to insure owner-occupied dwellings that has been in effect for less than 90 days when the notice of termination is mailed or delivered to the insured, unless it is a renewal policy;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"17":{"id":300459,"text":"If the insurer or its agent acting on behalf of the insurer has manifested its willingness to renew by issuing or offering to issue a renewal policy, certificate or other evidence of renewal, or has otherwise manifested its willingness to renew in writing to the insured. The written manifestation shall include the name of a proposed insurer, the expiration date of the policy, the type of insurance coverage, and information regarding the estimated renewal premium;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"18":{"id":300460,"text":"If the named insured or his duly constituted attorney-in-fact has notified the insurer or its agent orally, or in writing, if the insurer requires such notification to be in writing, that he wishes the policy to be canceled, or that he does not wish the policy to be renewed, or if, prior to the date of expiration, he fails to accept the offer of the insurer to renew the policy;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"19":{"id":300461,"text":"To any contract or policy written through the Virginia Property Insurance Association or any residual market facility established pursuant to Chapter 27 (§ 38.2-2700 et seq.); or","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"20":{"id":300462,"text":"If an affiliated insurer has manifested its willingness to provide coverage at a lower premium than would have been charged for the same exposures on the expiring policy. The affiliated insurer shall manifest its willingness to provide coverage by issuing a policy with the types and limits of coverage at least equal to those contained in the expiring policy unless the named insured has requested a change in coverage or limits. When such offer is made by an affiliated insurer, an offer of renewal shall not be required of the insurer of the expiring policy, and the policy issued by the affiliated insurer shall be deemed to be a renewal policy.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"F"},"21":{"id":300463,"text":"Each insurer shall maintain, for at least one year, records of cancellation and refusal to renew and copies of every notice or statement referred to in subsection E that it sends to any of its insureds.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E5","next_prefix":"G"},"22":{"id":300464,"text":"There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or his subordinates; any insurer, its authorized representative, its agents, or its employees; or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or refusal to renew, for any statement made by any of them in complying with this section or for providing information pertaining to the cancellation or refusal to renew.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"23":{"id":300465,"text":"Nothing in this section requires an insurer to renew a policy written to insure owner-occupied dwellings, if the insured does not conform to the occupational or membership requirements of an insurer who limits its writings to an occupation or membership of an organization.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"24":{"id":300466,"text":"No insurer or agent shall refuse to renew a policy written to insure an owner-occupied dwelling, solely because of any one or more of the following factors:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"25":{"id":300467,"text":"Age;","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"26":{"id":300468,"text":"Sex;","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"I3"},"27":{"id":300469,"text":"Residence;","type":"section","prefixes":["I","3"],"prefix":"3","entire_prefix":"I3","prefix_anchor":"I3","level":2,"prior_prefix":"I2","next_prefix":"I4"},"28":{"id":300470,"text":"Race;","type":"section","prefixes":["I","4"],"prefix":"4","entire_prefix":"I4","prefix_anchor":"I4","level":2,"prior_prefix":"I3","next_prefix":"I5"},"29":{"id":300471,"text":"Color;","type":"section","prefixes":["I","5"],"prefix":"5","entire_prefix":"I5","prefix_anchor":"I5","level":2,"prior_prefix":"I4","next_prefix":"I6"},"30":{"id":300472,"text":"Creed;","type":"section","prefixes":["I","6"],"prefix":"6","entire_prefix":"I6","prefix_anchor":"I6","level":2,"prior_prefix":"I5","next_prefix":"I7"},"31":{"id":300473,"text":"National origin;","type":"section","prefixes":["I","7"],"prefix":"7","entire_prefix":"I7","prefix_anchor":"I7","level":2,"prior_prefix":"I6","next_prefix":"I8"},"32":{"id":300474,"text":"Ancestry;","type":"section","prefixes":["I","8"],"prefix":"8","entire_prefix":"I8","prefix_anchor":"I8","level":2,"prior_prefix":"I7","next_prefix":"I9"},"33":{"id":300475,"text":"Marital status;","type":"section","prefixes":["I","9"],"prefix":"9","entire_prefix":"I9","prefix_anchor":"I9","level":2,"prior_prefix":"I8","next_prefix":"I10"},"34":{"id":300476,"text":"Sexual orientation;","type":"section","prefixes":["I","10"],"prefix":"10","entire_prefix":"I10","prefix_anchor":"I10","level":2,"prior_prefix":"I9","next_prefix":"I11"},"35":{"id":300477,"text":"Gender identity;","type":"section","prefixes":["I","11"],"prefix":"11","entire_prefix":"I11","prefix_anchor":"I11","level":2,"prior_prefix":"I10","next_prefix":"I12"},"36":{"id":300478,"text":"Lawful occupation, including the military service; however, nothing in this subsection shall require any insurer to renew a policy for an insured where the insured’s occupation has changed so as to increase materially the risk;","type":"section","prefixes":["I","12"],"prefix":"12","entire_prefix":"I12","prefix_anchor":"I12","level":2,"prior_prefix":"I11","next_prefix":"I13"},"37":{"id":300479,"text":"Credit information contained in a “consumer report,” as defined in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., bearing on a natural person’s creditworthiness, credit standing or credit capacity. If credit information is used, in part, as the basis for the nonrenewal, such credit information shall be based on a consumer report procured within 120 days from the effective date of the nonrenewal;","type":"section","prefixes":["I","13"],"prefix":"13","entire_prefix":"I13","prefix_anchor":"I13","level":2,"prior_prefix":"I12","next_prefix":"I14"},"38":{"id":300480,"text":"Any claim resulting primarily from natural causes;","type":"section","prefixes":["I","14"],"prefix":"14","entire_prefix":"I14","prefix_anchor":"I14","level":2,"prior_prefix":"I13","next_prefix":"I15"},"39":{"id":300481,"text":"One or more claims that were incurred more than 60 months immediately prior to the expiration of the current policy period; or","type":"section","prefixes":["I","15"],"prefix":"15","entire_prefix":"I15","prefix_anchor":"I15","level":2,"prior_prefix":"I14","next_prefix":"I16"},"40":{"id":300482,"text":"Any inquiry from an insured about his insurance coverage or policy provisions. For purposes of this subdivision, “inquiry” means a written or oral communication by an insured seeking information regarding coverage or policy provisions that does not notify the insurer of a loss, incident or accident, and that does not provide information indicating an increase in the hazard insured against. An insurer shall not report any inquiry as a claim to a loss history database maintained by a consumer reporting agency or insurance support organization.\n\t\t\t\tNothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.","type":"section","prefixes":["I","16"],"prefix":"16","entire_prefix":"I16","prefix_anchor":"I16","level":2,"prior_prefix":"I15","next_prefix":"J"},"41":{"id":300483,"text":"No insurer shall cancel or refuse to renew a policy written to insure an owner-occupied dwelling because an insured under the policy is a foster parent and foster children reside at the insured dwelling.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I16"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2114\/","history_text":"

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 15 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 1975, chapter 350; in 1978, chapter 441; in 1983, chapter 371; in 1986, chapter 562; in 1990, chapter 293; in 1995, chapter 3<\/a>; in 1996, chapter 237<\/a>; in 1998, chapter 142<\/a>; in 2003, chapters 543<\/a> and 553<\/a>; in 2004, chapter 300<\/a>; in 2005, chapter 872<\/a>; in 2008, chapters 58<\/a> and 221<\/a>; in 2009, chapters 215<\/a> and 442<\/a>; in 2013, chapter 257<\/a>; in 2020, chapter 1137<\/a>.<\/p>","references":[{"id":83261,"section_number":"38.2-1806","catch_line":"Interest with respect to credit extended or money lent for premiums on certain policies","order_by":null,"url":"\/38.2-1806\/"},{"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\/"},{"id":83133,"section_number":"38.2-610","catch_line":"Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information","order_by":null,"url":"\/38.2-610\/"}],"refers_to":[{"id":83792,"section_number":"38.2-2105","catch_line":"Standard provisions, conditions, stipulations and agreements for such policies","order_by":null,"url":"\/38.2-2105\/"},{"id":62048,"section_number":"38.2-2113","catch_line":"Mailing or electronic delivery of notice of cancellation or refusal to renew","order_by":null,"url":"\/38.2-2113\/"},{"id":76295,"section_number":"38.2-2700","catch_line":"Purposes of chapter","order_by":null,"url":"\/38.2-2700\/"},{"id":81752,"section_number":"38.2-608","catch_line":"Access to recorded personal information","order_by":null,"url":"\/38.2-608\/"},{"id":56196,"section_number":"38.2-609","catch_line":"Correction, amendment, or deletion of recorded personal information","order_by":null,"url":"\/38.2-609\/"},{"id":83133,"section_number":"38.2-610","catch_line":"Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information","order_by":null,"url":"\/38.2-610\/"}],"permalink":{"id":213469,"object_type":"law","relational_id":83824,"identifier":"38.2-2114","token":"38.2\/21\/38.2-2114","url":"\/38.2-2114\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2114\/","token":"38.2\/21\/38.2-2114","dublin_core":{"Title":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2114","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of \u00a7 38.2-2105<\/a>, no policy or contract<\/span> written to insure owner-occupied dwellings shall be canceled by an insurer<\/span> unless written notice is mailed or delivered to the named insured at the address stated in the policy, or is delivered electronically to the address provided by the named insured, and cancellation is for one of the following reasons: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Failure to pay the premium when due; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Conviction<\/span> of a crime<\/span> arising out of acts increasing the probability that a peril insured against will occur; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Discovery<\/span> of fraud<\/span> or material<\/span> misrepresentation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Willful or reckless acts or omissions increasing the probability that a peril insured against will occur as determined from a physical inspection of the insured premises; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Physical changes in the property which result in the property becoming uninsurable as determined from a physical inspection of the insured premises; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Foreclosure efforts by the secured party<\/span> against the subject property covered by the policy that have resulted in the sale of the property by a trustee under a deed of trust as duly recorded in the land title records of the jurisdiction<\/span> in which the property is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No policy or contract<\/span> written to insure owner-occupied dwellings shall be terminated by an insurer<\/span> by refusal to renew except at the expiration of the stated policy period or term and unless the insurer<\/span> or its agent acting on behalf of the insurer<\/span> mails or delivers to the named insured, at the address stated in the policy, or delivers electronically to the address provided by the named insured, written notice of the insurer<\/span>’s refusal to renew the policy or contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A written notice of cancellation of or refusal to renew a policy or contract<\/span> written to insure owner-occupied dwellings shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> State<\/span> the date that the insurer<\/span> proposes to terminate the policy or contract<\/span>, which shall be at least 30 days after mailing or delivering to the named insured the notice of cancellation or refusal to renew. However, when the policy is being terminated for the reason set forth in subdivision A 1, the date that the insurer<\/span> proposes to terminate the policy may be less than 30 days but at least 10 days from the date of mailing or delivery; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> State<\/span> the specific reason for terminating the policy or contract<\/span> and provide for the notification required by the provisions of §§ 38.2-608<\/a> and 38.2-609<\/a> and subsection B of § 38.2-610<\/a>. However, those notification requirements shall not apply when the policy is being canceled or not renewed for the reason set forth in subdivision A 1; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Advise the insured that within 10 days of receipt of the notice of termination he may request in writing that the Commissioner<\/span> review the action of the insurer<\/span> in terminating the policy or contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Advise the insured of his possible eligibility for fire insurance<\/span> coverage through the Virginia Property Insurance<\/span> Association; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Be in a type size authorized by § 38.2-311<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Within 10 days of receipt of the notice of termination any insured or his attorney shall be entitled to request in writing to the Commissioner<\/span> that he review the action of the insurer<\/span> in terminating a policy or contract<\/span> written to insure owner-occupied dwellings. Upon receipt of the request, the Commissioner<\/span> shall promptly initiate a review to determine whether the insurer<\/span>’s cancellation or refusal to renew complies with the requirements of this section and of § 38.2-2113<\/a>, if sent by mail or delivered electronically. The policy shall remain in full force and effect during the pendency of the review by the Commissioner<\/span> except where the cancellation or refusal to renew is for reason of nonpayment of premium, in which case the policy shall terminate as of the date stated in the notice. Where the Commissioner<\/span> finds from the review that the cancellation or refusal to renew has not complied with the requirements of this section or of § 38.2-2113<\/a>, if sent by mail or delivered electronically, he shall immediately notify the insurer<\/span>, the insured, and any other person<\/span> to whom notice of cancellation or refusal to renew was required to be given by the terms of the policy that the cancellation or refusal to renew is not effective. Nothing in this section authorizes the Commissioner<\/span> to substitute his judgment<\/span> as to underwriting for that of the insurer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To any policy written to insure owner-occupied dwellings that has been in effect for less than 90 days when the notice of termination is mailed or delivered to the insured, unless it is a renewal policy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the insurer<\/span> or its agent acting on behalf of the insurer<\/span> has manifested its willingness to renew by issuing or offering to issue<\/span> a renewal policy, certificate or other evidence<\/span> of renewal, or has otherwise manifested its willingness to renew in writing to the insured. The written manifestation shall include the name of a proposed insurer<\/span>, the expiration date of the policy, the type of insurance<\/span> coverage, and information regarding the estimated renewal premium; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the named insured or his duly constituted attorney-in-fact<\/span><\/span> has notified the insurer<\/span> or its agent orally, or in writing, if the insurer<\/span> requires such notification to be in writing, that he wishes the policy to be canceled, or that he does not wish the policy to be renewed, or if, prior to the date of expiration, he fails to accept the offer of the insurer<\/span> to renew the policy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To any contract<\/span> or policy written through the Virginia Property Insurance<\/span> Association or any residual market facility established pursuant to Chapter 27 (§ 38.2-2700<\/a> et seq.); or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If an affiliated insurer<\/span> has manifested its willingness to provide coverage at a lower premium than would have been charged for the same exposures on the expiring policy. The affiliated insurer<\/span> shall manifest its willingness to provide coverage by issuing a policy with the types and limits of coverage at least equal to those contained in the expiring policy unless the named insured has requested a change in coverage or limits. When such offer is made by an affiliated insurer<\/span>, an offer of renewal shall not be required of the insurer<\/span> of the expiring policy, and the policy issued by the affiliated insurer<\/span> shall be deemed to be a renewal policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Each insurer<\/span> shall maintain, for at least one year, records of cancellation and refusal to renew and copies of every notice or statement referred to in subsection E that it sends to any of its insureds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> There shall be no liability on the part of and no cause of action<\/span> of any nature shall arise against the Commissioner<\/span> or his subordinates; any insurer<\/span>, its authorized representative, its agents, or its employees; or any firm, person<\/span> or corporation furnishing to the insurer<\/span> information as to reasons for cancellation or refusal to renew, for any statement made by any of them in complying with this section or for providing information pertaining to the cancellation or refusal to renew. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section requires an insurer<\/span> to renew a policy written to insure owner-occupied dwellings, if the insured does not conform to the occupational or membership requirements of an insurer<\/span> who limits its writings to an occupation or membership of an organization. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> No insurer<\/span> or agent shall refuse to renew a policy written to insure an owner-occupied dwelling, solely because of any one or more of the following factors: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Age; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Sex; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Residence; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Race; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Color; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Creed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> National origin; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Ancestry; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Marital status; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Sexual orientation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Gender identity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Lawful occupation, including the military service; however, nothing in this subsection shall require any insurer<\/span> to renew a policy for an insured where the insured’s occupation has changed so as to increase materially the risk; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Credit information contained in a “consumer report,” as defined in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., bearing on a natural person<\/span>’s creditworthiness, credit standing or credit capacity. If credit information is used, in part, as the basis for the nonrenewal, such credit information shall be based on a consumer report procured within 120 days from the effective date of the nonrenewal; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Any claim resulting primarily from natural causes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> One or more claims that were incurred more than 60 months immediately prior to the expiration of the current policy period; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Any inquiry<\/span> from an insured about his insurance<\/span> coverage or policy provisions. For purposes of this subdivision, “inquiry<\/span>” means a written or oral communication by an insured seeking information regarding coverage or policy provisions that does not notify the insurer<\/span> of a loss, incident or accident, and that does not provide information indicating an increase in the hazard insured against. An insurer<\/span> shall not report any inquiry<\/span> as a claim to a loss history database maintained by a consumer reporting agency or insurance<\/span> support organization.\n\t\t\t\tNothing in this section prohibits any insurer<\/span> from setting rates<\/span><\/span> in accordance with relevant actuarial data. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> No insurer<\/span> shall cancel or refuse to renew a policy written to insure an owner-occupied dwelling because an insured under the policy is a foster parent and foster children reside at the insured dwelling. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGROUNDS AND PROCEDURE FOR TERMINATION OF POLICY; CONTENTS OF NOTICE; REVIEW BY\nCOMMISSIONER; EXCEPTIONS; IMMUNITY FROM LIABILITY (\u00a7 38.2-2114)\n\nA. Notwithstanding the provisions of \u00a7 38.2-2105, no policy or contract written\nto insure owner-occupied dwellings shall be canceled by an insurer unless\nwritten notice is mailed or delivered to the named insured at the address stated\nin the policy, or is delivered electronically to the address provided by the\nnamed insured, and cancellation is for one of the following reasons:\n\n 1. Failure to pay the premium when due;\n\n 2. Conviction of a crime arising out of acts increasing the probability that a\n peril insured against will occur;\n\n 3. Discovery of fraud or material misrepresentation;\n\n 4. Willful or reckless acts or omissions increasing the probability that a\n peril insured against will occur as determined from a physical inspection of\n the insured premises;\n\n 5. Physical changes in the property which result in the property becoming\n uninsurable as determined from a physical inspection of the insured premises;\n or\n\n 6. Foreclosure efforts by the secured party against the subject property\n covered by the policy that have resulted in the sale of the property by a\n trustee under a deed of trust as duly recorded in the land title records of\n the jurisdiction in which the property is located.\n\nB. No policy or contract written to insure owner-occupied dwellings shall be\nterminated by an insurer by refusal to renew except at the expiration of the\nstated policy period or term and unless the insurer or its agent acting on\nbehalf of the insurer mails or delivers to the named insured, at the address\nstated in the policy, or delivers electronically to the address provided by the\nnamed insured, written notice of the insurer’s refusal to renew the policy\nor contract.\n\nC. A written notice of cancellation of or refusal to renew a policy or contract\nwritten to insure owner-occupied dwellings shall:\n\n 1. State the date that the insurer proposes to terminate the policy or\n contract, which shall be at least 30 days after mailing or delivering to the\n named insured the notice of cancellation or refusal to renew. However, when\n the policy is being terminated for the reason set forth in subdivision A 1,\n the date that the insurer proposes to terminate the policy may be less than 30\n days but at least 10 days from the date of mailing or delivery;\n\n 2. State the specific reason for terminating the policy or contract and\n provide for the notification required by the provisions of §§\n 38.2-608 and 38.2-609 and subsection B of § 38.2-610. However, those\n notification requirements shall not apply when the policy is being canceled or\n not renewed for the reason set forth in subdivision A 1;\n\n 3. Advise the insured that within 10 days of receipt of the notice of\n termination he may request in writing that the Commissioner review the action\n of the insurer in terminating the policy or contract;\n\n 4. Advise the insured of his possible eligibility for fire insurance coverage\n through the Virginia Property Insurance Association; and\n\n 5. Be in a type size authorized by § 38.2-311.\n\nD. Within 10 days of receipt of the notice of termination any insured or his\nattorney shall be entitled to request in writing to the Commissioner that he\nreview the action of the insurer in terminating a policy or contract written to\ninsure owner-occupied dwellings. Upon receipt of the request, the Commissioner\nshall promptly initiate a review to determine whether the insurer’s\ncancellation or refusal to renew complies with the requirements of this section\nand of § 38.2-2113, if sent by mail or delivered electronically. The policy\nshall remain in full force and effect during the pendency of the review by the\nCommissioner except where the cancellation or refusal to renew is for reason of\nnonpayment of premium, in which case the policy shall terminate as of the date\nstated in the notice. Where the Commissioner finds from the review that the\ncancellation or refusal to renew has not complied with the requirements of this\nsection or of § 38.2-2113, if sent by mail or delivered electronically, he\nshall immediately notify the insurer, the insured, and any other person to whom\nnotice of cancellation or refusal to renew was required to be given by the terms\nof the policy that the cancellation or refusal to renew is not effective.\nNothing in this section authorizes the Commissioner to substitute his judgment\nas to underwriting for that of the insurer.\n\nE. Nothing in this section shall apply:\n\n 1. To any policy written to insure owner-occupied dwellings that has been in\n effect for less than 90 days when the notice of termination is mailed or\n delivered to the insured, unless it is a renewal policy;\n\n 2. If the insurer or its agent acting on behalf of the insurer has manifested\n its willingness to renew by issuing or offering to issue a renewal policy,\n certificate or other evidence of renewal, or has otherwise manifested its\n willingness to renew in writing to the insured. The written manifestation\n shall include the name of a proposed insurer, the expiration date of the\n policy, the type of insurance coverage, and information regarding the\n estimated renewal premium;\n\n 3. If the named insured or his duly constituted attorney-in-fact has notified\n the insurer or its agent orally, or in writing, if the insurer requires such\n notification to be in writing, that he wishes the policy to be canceled, or\n that he does not wish the policy to be renewed, or if, prior to the date of\n expiration, he fails to accept the offer of the insurer to renew the policy;\n\n 4. To any contract or policy written through the Virginia Property Insurance\n Association or any residual market facility established pursuant to Chapter 27\n (§ 38.2-2700 et seq.); or\n\n 5. If an affiliated insurer has manifested its willingness to provide coverage\n at a lower premium than would have been charged for the same exposures on the\n expiring policy. The affiliated insurer shall manifest its willingness to\n provide coverage by issuing a policy with the types and limits of coverage at\n least equal to those contained in the expiring policy unless the named insured\n has requested a change in coverage or limits. When such offer is made by an\n affiliated insurer, an offer of renewal shall not be required of the insurer\n of the expiring policy, and the policy issued by the affiliated insurer shall\n be deemed to be a renewal policy.\n\nF. Each insurer shall maintain, for at least one year, records of cancellation\nand refusal to renew and copies of every notice or statement referred to in\nsubsection E that it sends to any of its insureds.\n\nG. There shall be no liability on the part of and no cause of action of any\nnature shall arise against the Commissioner or his subordinates; any insurer,\nits authorized representative, its agents, or its employees; or any firm, person\nor corporation furnishing to the insurer information as to reasons for\ncancellation or refusal to renew, for any statement made by any of them in\ncomplying with this section or for providing information pertaining to the\ncancellation or refusal to renew.\n\nH. Nothing in this section requires an insurer to renew a policy written to\ninsure owner-occupied dwellings, if the insured does not conform to the\noccupational or membership requirements of an insurer who limits its writings to\nan occupation or membership of an organization.\n\nI. No insurer or agent shall refuse to renew a policy written to insure an\nowner-occupied dwelling, solely because of any one or more of the following\nfactors:\n\n 1. Age;\n\n 2. Sex;\n\n 3. Residence;\n\n 4. Race;\n\n 5. Color;\n\n 6. Creed;\n\n 7. National origin;\n\n 8. Ancestry;\n\n 9. Marital status;\n\n 10. Sexual orientation;\n\n 11. Gender identity;\n\n 12. Lawful occupation, including the military service; however, nothing in\n this subsection shall require any insurer to renew a policy for an insured\n where the insured’s occupation has changed so as to increase materially\n the risk;\n\n 13. Credit information contained in a “consumer report,” as\n defined in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et\n seq., bearing on a natural person’s creditworthiness, credit standing or\n credit capacity. If credit information is used, in part, as the basis for the\n nonrenewal, such credit information shall be based on a consumer report\n procured within 120 days from the effective date of the nonrenewal;\n\n 14. Any claim resulting primarily from natural causes;\n\n 15. One or more claims that were incurred more than 60 months immediately\n prior to the expiration of the current policy period; or\n\n 16. Any inquiry from an insured about his insurance coverage or policy\n provisions. For purposes of this subdivision, “inquiry” means a\n written or oral communication by an insured seeking information regarding\n coverage or policy provisions that does not notify the insurer of a loss,\n incident or accident, and that does not provide information indicating an\n increase in the hazard insured against. An insurer shall not report any\n inquiry as a claim to a loss history database maintained by a consumer\n reporting agency or insurance support organization.\n \t\t\t\tNothing in this section prohibits any insurer from setting rates in\n accordance with relevant actuarial data.\n\nJ. No insurer shall cancel or refuse to renew a policy written to insure an\nowner-occupied dwelling because an insured under the policy is a foster parent\nand foster children reside at the insured dwelling.\n\nHISTORY: 1972, c. 110, \u00a7 38.1-371.2; 1975, c. 350; 1978, c. 441; 1983, c. 371;\n1986, c. 562; 1990, c. 293; 1995, c. 3; 1996, c. 237; 1998, c. 142; 2003, cc.\n543, 553; 2004, c. 300; 2005, c. 872; 2008, cc. 58, 221; 2009, cc. 215, 442;\n2013, c. 257; 2020, c. 1137.","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}}