{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2212.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2212.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2212.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2212.html"}],"law_id":80817,"edition_id":1,"section_id":80817,"structure_id":13816,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","history":"1970, c. 564, \u00a7 38.1-381.5; 1972, c. 273; 1975, cc. 63, 319; 1978, c. 441; 1982, c. 482; 1983, cc. 125, 371; 1984, c. 340; 1986, c. 562; 1988, c. 655; 1990, c. 960; 1991, c. 116; 1995, c. 3; 1996, cc. 206, 239; 1998, cc. 141, 142; 2003, cc. 543, 553; 2006, cc. 851, 889; 2008, cc. 58, 221; 2009, c. 215; 2013, c. 257; 2019, c. 334; 2020, cc. 900, 1137, 1227, 1246.","full_text":"A\n\nAs used in this section:\n\t\t\t“Cancellation” or “to cancel” means a termination of a policy during the policy period.\n\t\t\t“Insurer” means any insurance company, association, or exchange licensed to transact motor vehicle insurance in the Commonwealth.\n\t\t\t“Policy of motor vehicle insurance” or “policy” means a policy or contract for bodily injury or property damage liability insurance issued or delivered in this Commonwealth covering liability arising from the ownership, maintenance, or use of any motor vehicle, insuring as the named insured one individual or spouses who are residents of the same household, and under which the insured vehicle designated in the policy is either:1\n\nA motor vehicle of a private passenger, station wagon, or motorcycle type that is not used commercially, rented to others, or used as a public or livery conveyance where the term “public or livery conveyance” does not include car pools, or2\n\nAny other four-wheel motor vehicle which is not used in the occupation, profession, or business, other than farming, of the insured, or as a public or livery conveyance, or rented to others. The term “policy of motor vehicle insurance” or “policy” does not include (i) any policy issued through the Virginia Automobile Insurance Plan, (ii) any policy covering the operation of a garage, sales agency, repair shop, service station, or public parking place, (iii) any policy providing insurance only on an excess basis, or (iv) any other contract providing insurance to the named insured even though the contract may incidentally provide insurance on motor vehicles.\n\t\t\t\t“Renewal” or “to renew” means (i) the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, providing types and limits of coverage at least equal to those contained in the policy being superseded, or (ii) the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy. Each renewal shall conform with the requirements of the manual rules and rating program currently filed by the insurer with the Commission. Except as provided in subsection K, any policy with a policy period or term of less than 12 months or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive policy periods or terms of six months from the original effective date.B\n\nThis section shall apply only to that portion of a policy of motor vehicle insurance providing the coverage required by §§ 38.2-2204, 38.2-2205, and 38.2-2206.C\n\n1. No insurer shall refuse to renew a motor vehicle insurance policy solely because of any one or more of the following factors:\n\t\t\ta. Age;\n\t\t\tb. Sex;\n\t\t\tc. Residence;\n\t\t\td. Race;\n\t\t\te. Color;\n\t\t\tf. Creed;\n\t\t\tg. National origin;\n\t\t\th. Ancestry;\n\t\t\ti. Marital status;\n\t\t\tj. Sexual orientation;\n\t\t\tk. Gender identity;\n\t\t\tl. Lawful occupation, including the military service;\n\t\t\tm. Lack of driving experience, or number of years driving experience;\n\t\t\tn. Lack of supporting business or lack of the potential for acquiring such business;\n\t\t\to. One or more accidents or violations that occurred more than 48 months immediately preceding the upcoming anniversary date;\n\t\t\tp. One or more claims submitted under the uninsured motorists coverage of the policy where the uninsured motorist is known or there is physical evidence of contact;\n\t\t\tq. A single claim by a single insured submitted under the medical expense coverage due to an accident for which the insured was neither wholly nor partially at fault;\n\t\t\tr. One or more claims submitted under the comprehensive or towing coverages. However, nothing in this section shall prohibit an insurer from modifying or refusing to renew the comprehensive or towing coverages at the time of renewal of the policy on the basis of one or more claims submitted by an insured under those coverages, provided that the insurer shall mail or deliver to the insured at the address shown in the policy, or deliver electronically to the address provided by the named insured, written notice of any such change in coverage at least 45 days prior to the renewal;\n\t\t\ts. Two or fewer motor vehicle accidents within a three-year period unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator;\n\t\t\tt. Credit information contained in a “consumer report,” as defined in the federal Fair Credit Reporting Act, 15 U.S.C. \u00a7 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. The provisions of this subdivision shall apply only to insurance purchased primarily for personal, family, or household purposes;\n\t\t\tu. The refusal of a motor vehicle owner as defined in \u00a7 46.2-1088.6 to provide access to recorded data from a recording device as defined in \u00a7 46.2-1088.6; or\n\t\t\tv. The status of the person as a foster care provider or a person in foster care.2\n\nNothing in this section shall require any insurer to renew a policy for an insured where the insured’s occupation has changed so as to materially increase the risk. Nothing contained in subdivisions 1 p, q, and r shall prohibit an insurer from refusing to renew a policy where a claim is false or fraudulent. Nothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.D\n\nNo insurer shall cancel a policy except for one or more of the following reasons:1\n\nThe named insured or any other operator who either resides in the same household or customarily operates a motor vehicle insured under the policy has had his driving privileges suspended or revoked during the policy period or, if the policy is a renewal, during its policy period or the 90 days immediately preceding the last effective date.2\n\nThe named insured fails to pay the premium for the policy or any installment of the premium, whether payable to the insurer or its agent either directly or indirectly under any premium finance plan or extension of credit.3\n\nThe named insured or his duly constituted attorney-in-fact has notified the insurer of a change in the insured’s legal residence to a state other than Virginia and the insured vehicle will be principally garaged in the new state of legal residence.E\n\nNo cancellation or refusal to renew by an insurer of a policy of motor vehicle insurance shall be effective unless the insurer delivers or mails to the named insured at the address shown in the policy a written notice of the cancellation or refusal to renew, or the insurer delivers such notice electronically to the address provided by the named insured. The notice shall:1\n\nBe in a type size authorized under § 38.2-311.2\n\nState the effective date of the cancellation or refusal to renew. The effective date of cancellation or refusal to renew shall be at least 45 days after mailing or delivering to the insured the notice of cancellation or notice of refusal to renew. However, when the policy is being canceled or not renewed for the reason set forth in subdivision D 2 the effective date may be less than 45 days but at least 15 days from the date of mailing or delivery.3\n\nState the specific reason of the insurer for cancellation or refusal to renew and provide for the notification required by §§ 38.2-608, 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 D 2.4\n\nInform the insured of his right to request in writing within 15 days of the receipt of the notice that the Commissioner review the action of the insurer.\n\t\t\t\tThe notice of cancellation or refusal to renew shall contain the following statement to inform the insured of such right:\n\t\t\t\tIMPORTANT NOTICE\n\t\t\t\tWithin 15 days of receiving this notice, you or your attorney may request in writing that the Commissioner of Insurance review this action to determine whether the insurer has complied with Virginia laws in canceling or nonrenewing your policy. If this insurer has failed to comply with the cancellation or nonrenewal laws, the Commissioner may require that your policy be reinstated. However, the Commissioner is prohibited from making underwriting judgments. If this insurer has complied with the cancellation or nonrenewal laws, the Commissioner does not have the authority to overturn this action.5\n\nInform the insured of the possible availability of other insurance which may be obtained through his agent, through another insurer, or through the Virginia Automobile Insurance Plan.6\n\nIf sent by mail or delivered electronically, comply with the provisions of § 38.2-2208.\n\t\t\t\tNothing in this subsection prohibits any insurer or agent from including in the notice of cancellation or refusal to renew, any additional disclosure statements required by state or federal laws, or any additional information relating to the availability of other insurance.F\n\nNothing in this section shall apply:1\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 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. The insurer shall retain a copy of each written manifestation for a period of at least one year from the expiration date of any policy that is not renewed;2\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;3\n\nTo any motor vehicle insurance policy which has been in effect less than 60 days when the termination notice is mailed or delivered to the insured, unless it is a renewal policy; or4\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.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 representatives, its agents, or its employees; or any person 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. For the purposes of this section, no insurer shall be required to furnish a notice of cancellation or refusal to renew to anyone other than the named insured, any person designated by the named insured, or any other person to whom such notice is required to be given by the terms of the policy and the Commissioner.H\n\nWithin 15 days of receipt of the notice of cancellation or refusal to renew, any insured or his attorney shall be entitled to request in writing to the Commissioner that he review the action of the insurer in canceling or refusing to renew the policy of the insured. Upon receipt of the request, the Commissioner shall promptly begin a review to determine whether the insurer’s cancellation or refusal to renew complies with the requirements of this section and of § 38.2-2208 if the notice was 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 the reason set forth in subdivision D 2, in which case the policy shall terminate as of the effective 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 § 38.2-2208, he shall immediately notify the insurer, the insured and any other person to whom such notice 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. Where the Commissioner finds in favor of the insured, the Commission in its discretion may award the insured reasonable attorney fees.I\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.J\n\nThe provisions of this section shall not apply to any insurer that limits the issuance of policies of motor vehicle liability insurance to one class or group of persons engaged in any one particular profession, trade, occupation, or business. Nothing in this section requires an insurer to renew a policy of motor vehicle insurance 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. No insurer is required to renew a policy if the insured becomes a nonresident of Virginia.K\n\nNotwithstanding any other provision of this section, a motor vehicle insurance policy with a policy period or term of five months or less may expire at its expiration date when the insurer has manifested in writing its willingness to renew the policy for at least 30 days and has mailed or delivered the written manifestation to the insured at least 15 days before the expiration date of the policy. The written manifestation shall include the name of the proposed insurer, the expiration date of the policy, the type of insurance coverage, and the estimated renewal premium. The insurer shall retain a copy of the written manifestation for at least one year from the expiration date of any policy that is not renewed.","order_by":null,"text":{"0":{"id":289674,"text":"As used in this section:\n\t\t\t“Cancellation” or “to cancel” means a termination of a policy during the policy period.\n\t\t\t“Insurer” means any insurance company, association, or exchange licensed to transact motor vehicle insurance in the Commonwealth.\n\t\t\t“Policy of motor vehicle insurance” or “policy” means a policy or contract for bodily injury or property damage liability insurance issued or delivered in this Commonwealth covering liability arising from the ownership, maintenance, or use of any motor vehicle, insuring as the named insured one individual or spouses who are residents of the same household, and under which the insured vehicle designated in the policy is either:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":289675,"text":"A motor vehicle of a private passenger, station wagon, or motorcycle type that is not used commercially, rented to others, or used as a public or livery conveyance where the term “public or livery conveyance” does not include car pools, or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":289676,"text":"Any other four-wheel motor vehicle which is not used in the occupation, profession, or business, other than farming, of the insured, or as a public or livery conveyance, or rented to others. The term “policy of motor vehicle insurance” or “policy” does not include (i) any policy issued through the Virginia Automobile Insurance Plan, (ii) any policy covering the operation of a garage, sales agency, repair shop, service station, or public parking place, (iii) any policy providing insurance only on an excess basis, or (iv) any other contract providing insurance to the named insured even though the contract may incidentally provide insurance on motor vehicles.\n\t\t\t\t“Renewal” or “to renew” means (i) the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, providing types and limits of coverage at least equal to those contained in the policy being superseded, or (ii) the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy. Each renewal shall conform with the requirements of the manual rules and rating program currently filed by the insurer with the Commission. Except as provided in subsection K, any policy with a policy period or term of less than 12 months or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive policy periods or terms of six months from the original effective date.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":289677,"text":"This section shall apply only to that portion of a policy of motor vehicle insurance providing the coverage required by §§ 38.2-2204, 38.2-2205, and 38.2-2206.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":289678,"text":"1. No insurer shall refuse to renew a motor vehicle insurance policy solely because of any one or more of the following factors:\n\t\t\ta. Age;\n\t\t\tb. Sex;\n\t\t\tc. Residence;\n\t\t\td. Race;\n\t\t\te. Color;\n\t\t\tf. Creed;\n\t\t\tg. National origin;\n\t\t\th. Ancestry;\n\t\t\ti. Marital status;\n\t\t\tj. Sexual orientation;\n\t\t\tk. Gender identity;\n\t\t\tl. Lawful occupation, including the military service;\n\t\t\tm. Lack of driving experience, or number of years driving experience;\n\t\t\tn. Lack of supporting business or lack of the potential for acquiring such business;\n\t\t\to. One or more accidents or violations that occurred more than 48 months immediately preceding the upcoming anniversary date;\n\t\t\tp. One or more claims submitted under the uninsured motorists coverage of the policy where the uninsured motorist is known or there is physical evidence of contact;\n\t\t\tq. A single claim by a single insured submitted under the medical expense coverage due to an accident for which the insured was neither wholly nor partially at fault;\n\t\t\tr. One or more claims submitted under the comprehensive or towing coverages. However, nothing in this section shall prohibit an insurer from modifying or refusing to renew the comprehensive or towing coverages at the time of renewal of the policy on the basis of one or more claims submitted by an insured under those coverages, provided that the insurer shall mail or deliver to the insured at the address shown in the policy, or deliver electronically to the address provided by the named insured, written notice of any such change in coverage at least 45 days prior to the renewal;\n\t\t\ts. Two or fewer motor vehicle accidents within a three-year period unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator;\n\t\t\tt. Credit information contained in a “consumer report,” as defined in the federal Fair Credit Reporting Act, 15 U.S.C. \u00a7 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. The provisions of this subdivision shall apply only to insurance purchased primarily for personal, family, or household purposes;\n\t\t\tu. The refusal of a motor vehicle owner as defined in \u00a7 46.2-1088.6 to provide access to recorded data from a recording device as defined in \u00a7 46.2-1088.6; or\n\t\t\tv. The status of the person as a foster care provider or a person in foster care.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"5":{"id":289679,"text":"Nothing in this section shall require any insurer to renew a policy for an insured where the insured’s occupation has changed so as to materially increase the risk. Nothing contained in subdivisions 1 p, q, and r shall prohibit an insurer from refusing to renew a policy where a claim is false or fraudulent. Nothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"6":{"id":289680,"text":"No insurer shall cancel a policy except for one or more of the following reasons:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"7":{"id":289681,"text":"The named insured or any other operator who either resides in the same household or customarily operates a motor vehicle insured under the policy has had his driving privileges suspended or revoked during the policy period or, if the policy is a renewal, during its policy period or the 90 days immediately preceding the last effective date.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":289682,"text":"The named insured fails to pay the premium for the policy or any installment of the premium, whether payable to the insurer or its agent either directly or indirectly under any premium finance plan or extension of credit.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"9":{"id":289683,"text":"The named insured or his duly constituted attorney-in-fact has notified the insurer of a change in the insured’s legal residence to a state other than Virginia and the insured vehicle will be principally garaged in the new state of legal residence.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"10":{"id":289684,"text":"No cancellation or refusal to renew by an insurer of a policy of motor vehicle insurance shall be effective unless the insurer delivers or mails to the named insured at the address shown in the policy a written notice of the cancellation or refusal to renew, or the insurer delivers such notice electronically to the address provided by the named insured. The notice shall:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"E1"},"11":{"id":289685,"text":"Be in a type size authorized under § 38.2-311.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"12":{"id":289686,"text":"State the effective date of the cancellation or refusal to renew. The effective date of cancellation or refusal to renew shall be at least 45 days after mailing or delivering to the insured the notice of cancellation or notice of refusal to renew. However, when the policy is being canceled or not renewed for the reason set forth in subdivision D 2 the effective date may be less than 45 days but at least 15 days from the date of mailing or delivery.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"13":{"id":289687,"text":"State the specific reason of the insurer for cancellation or refusal to renew and provide for the notification required by §§ 38.2-608, 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 D 2.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"14":{"id":289688,"text":"Inform the insured of his right to request in writing within 15 days of the receipt of the notice that the Commissioner review the action of the insurer.\n\t\t\t\tThe notice of cancellation or refusal to renew shall contain the following statement to inform the insured of such right:\n\t\t\t\tIMPORTANT NOTICE\n\t\t\t\tWithin 15 days of receiving this notice, you or your attorney may request in writing that the Commissioner of Insurance review this action to determine whether the insurer has complied with Virginia laws in canceling or nonrenewing your policy. If this insurer has failed to comply with the cancellation or nonrenewal laws, the Commissioner may require that your policy be reinstated. However, the Commissioner is prohibited from making underwriting judgments. If this insurer has complied with the cancellation or nonrenewal laws, the Commissioner does not have the authority to overturn this action.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"15":{"id":289689,"text":"Inform the insured of the possible availability of other insurance which may be obtained through his agent, through another insurer, or through the Virginia Automobile Insurance Plan.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"16":{"id":289690,"text":"If sent by mail or delivered electronically, comply with the provisions of § 38.2-2208.\n\t\t\t\tNothing in this subsection prohibits any insurer or agent from including in the notice of cancellation or refusal to renew, any additional disclosure statements required by state or federal laws, or any additional information relating to the availability of other insurance.","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"F"},"17":{"id":289691,"text":"Nothing in this section shall apply:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E6","next_prefix":"F1"},"18":{"id":289692,"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 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. The insurer shall retain a copy of each written manifestation for a period of at least one year from the expiration date of any policy that is not renewed;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"19":{"id":289693,"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":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"20":{"id":289694,"text":"To any motor vehicle insurance policy which has been in effect less than 60 days when the termination notice is mailed or delivered to the insured, unless it is a renewal policy; or","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"21":{"id":289695,"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":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"G"},"22":{"id":289696,"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 representatives, its agents, or its employees; or any person 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. For the purposes of this section, no insurer shall be required to furnish a notice of cancellation or refusal to renew to anyone other than the named insured, any person designated by the named insured, or any other person to whom such notice is required to be given by the terms of the policy and the Commissioner.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F4","next_prefix":"H"},"23":{"id":289697,"text":"Within 15 days of receipt of the notice of cancellation or refusal to renew, any insured or his attorney shall be entitled to request in writing to the Commissioner that he review the action of the insurer in canceling or refusing to renew the policy of the insured. Upon receipt of the request, the Commissioner shall promptly begin a review to determine whether the insurer’s cancellation or refusal to renew complies with the requirements of this section and of § 38.2-2208 if the notice was 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 the reason set forth in subdivision D 2, in which case the policy shall terminate as of the effective 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 § 38.2-2208, he shall immediately notify the insurer, the insured and any other person to whom such notice 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. Where the Commissioner finds in favor of the insured, the Commission in its discretion may award the insured reasonable attorney fees.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"24":{"id":289698,"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":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"25":{"id":289699,"text":"The provisions of this section shall not apply to any insurer that limits the issuance of policies of motor vehicle liability insurance to one class or group of persons engaged in any one particular profession, trade, occupation, or business. Nothing in this section requires an insurer to renew a policy of motor vehicle insurance 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. No insurer is required to renew a policy if the insured becomes a nonresident of Virginia.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"26":{"id":289700,"text":"Notwithstanding any other provision of this section, a motor vehicle insurance policy with a policy period or term of five months or less may expire at its expiration date when the insurer has manifested in writing its willingness to renew the policy for at least 30 days and has mailed or delivered the written manifestation to the insured at least 15 days before the expiration date of the policy. The written manifestation shall include the name of the proposed insurer, the expiration date of the policy, the type of insurance coverage, and the estimated renewal premium. The insurer shall retain a copy of the written manifestation for at least one year from the expiration date of any policy that is not renewed.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":13816,"edition_id":1,"name":"Liability Insurance Policies","identifier":"22","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:57","date_modified":"2026-06-26 03:45:57","permalink":{"id":213545,"object_type":"structure","relational_id":13816,"identifier":"22","token":"38.2\/22","url":"\/38.2\/22\/","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":76505,"structure_id":13816,"section_number":"38.2-2200","catch_line":"Required provisions as to insolvency or bankruptcy, and as to when action maintained against insurer","url":"\/38.2-2200\/","token":"38.2\/22\/38.2-2200","metadata":false},{"id":82480,"structure_id":13816,"section_number":"38.2-2201","catch_line":"Provisions for payment of medical expense and loss of income benefits; assignment of certain benefits","url":"\/38.2-2201\/","token":"38.2\/22\/38.2-2201","metadata":false},{"id":75263,"structure_id":13816,"section_number":"38.2-2202","catch_line":"Required notice of optional coverage available","url":"\/38.2-2202\/","token":"38.2\/22\/38.2-2202","metadata":false},{"id":85859,"structure_id":13816,"section_number":"38.2-2203","catch_line":"Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians","url":"\/38.2-2203\/","token":"38.2\/22\/38.2-2203","metadata":false},{"id":70028,"structure_id":13816,"section_number":"38.2-2204","catch_line":"Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; \"omnibus clause.\"","url":"\/38.2-2204\/","token":"38.2\/22\/38.2-2204","metadata":false},{"id":56297,"structure_id":13816,"section_number":"38.2-2205","catch_line":"Liability insurance on motor vehicles; standard provisions; applicability of other valid and collectible insurance","url":"\/38.2-2205\/","token":"38.2\/22\/38.2-2205","metadata":false},{"id":80304,"structure_id":13816,"section_number":"38.2-2205.1","catch_line":"Suspension of liability coverage at insured's request","url":"\/38.2-2205.1\/","token":"38.2\/22\/38.2-2205.1","metadata":false},{"id":76965,"structure_id":13816,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","url":"\/38.2-2206\/","token":"38.2\/22\/38.2-2206","metadata":false},{"id":62972,"structure_id":13816,"section_number":"38.2-2207","catch_line":"No policy to exclude coverage to employee","url":"\/38.2-2207\/","token":"38.2\/22\/38.2-2207","metadata":false},{"id":80121,"structure_id":13816,"section_number":"38.2-2208","catch_line":"Notices of cancellation of or refusal to renew motor vehicle insurance policies","url":"\/38.2-2208\/","token":"38.2\/22\/38.2-2208","metadata":false},{"id":76452,"structure_id":13816,"section_number":"38.2-2209","catch_line":"Motor vehicle liability medical benefit insurer not to retain right of subrogation to recover from third party","url":"\/38.2-2209\/","token":"38.2\/22\/38.2-2209","metadata":false},{"id":75993,"structure_id":13816,"section_number":"38.2-2210","catch_line":"Warning concerning cancellation to appear on application for motor vehicle liability insurance; reason for cancellation or nonrenewal required on application","url":"\/38.2-2210\/","token":"38.2\/22\/38.2-2210","metadata":false},{"id":61927,"structure_id":13816,"section_number":"38.2-2211","catch_line":"Motor vehicle liability insurer not to receive credit for other medical expense insurance","url":"\/38.2-2211\/","token":"38.2\/22\/38.2-2211","metadata":false},{"id":80817,"structure_id":13816,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","url":"\/38.2-2212\/","token":"38.2\/22\/38.2-2212","metadata":false},{"id":71236,"structure_id":13816,"section_number":"38.2-2212.1","catch_line":"Powers of Commission; replacement policies","url":"\/38.2-2212.1\/","token":"38.2\/22\/38.2-2212.1","metadata":false},{"id":57322,"structure_id":13816,"section_number":"38.2-2213","catch_line":"Discrimination in issuance of motor vehicle insurance","url":"\/38.2-2213\/","token":"38.2\/22\/38.2-2213","metadata":false},{"id":55969,"structure_id":13816,"section_number":"38.2-2213.1","catch_line":"Certain action prohibited when motor vehicle owner fails to allow access to recorded data from recording device","url":"\/38.2-2213.1\/","token":"38.2\/22\/38.2-2213.1","metadata":false},{"id":72056,"structure_id":13816,"section_number":"38.2-2214","catch_line":"Statement defining rate classifications to be provided by insurer to insured","url":"\/38.2-2214\/","token":"38.2\/22\/38.2-2214","metadata":false},{"id":56175,"structure_id":13816,"section_number":"38.2-2215","catch_line":"Failure to issue or failure to renew motor vehicle liability insurance on the basis of a motor vehicle's age prohibited","url":"\/38.2-2215\/","token":"38.2\/22\/38.2-2215","metadata":false},{"id":77698,"structure_id":13816,"section_number":"38.2-2216","catch_line":"Medical benefit offset against liability or uninsured motorist coverage prohibited","url":"\/38.2-2216\/","token":"38.2\/22\/38.2-2216","metadata":false},{"id":66919,"structure_id":13816,"section_number":"38.2-2217","catch_line":"Reduction in rates for certain persons who attend mature driver motor vehicle crash prevention courses and driver improvement clinics","url":"\/38.2-2217\/","token":"38.2\/22\/38.2-2217","metadata":false},{"id":62782,"structure_id":13816,"section_number":"38.2-2217.1","catch_line":"Insurers required to renew motor vehicle liability coverage for vanpools; exceptions","url":"\/38.2-2217.1\/","token":"38.2\/22\/38.2-2217.1","metadata":false},{"id":75945,"structure_id":13816,"section_number":"38.2-2218","catch_line":"Adoption of standard forms for motor vehicle insurance","url":"\/38.2-2218\/","token":"38.2\/22\/38.2-2218","metadata":false},{"id":65638,"structure_id":13816,"section_number":"38.2-2219","catch_line":"Hearing on objections to the form","url":"\/38.2-2219\/","token":"38.2\/22\/38.2-2219","metadata":false},{"id":68775,"structure_id":13816,"section_number":"38.2-2220","catch_line":"Use of form after adoption","url":"\/38.2-2220\/","token":"38.2\/22\/38.2-2220","metadata":false},{"id":77162,"structure_id":13816,"section_number":"38.2-2221","catch_line":"Amendment of standard form","url":"\/38.2-2221\/","token":"38.2\/22\/38.2-2221","metadata":false},{"id":68996,"structure_id":13816,"section_number":"38.2-2222","catch_line":"Withdrawal of form","url":"\/38.2-2222\/","token":"38.2\/22\/38.2-2222","metadata":false},{"id":73915,"structure_id":13816,"section_number":"38.2-2223","catch_line":"Variations of, or additions to, form","url":"\/38.2-2223\/","token":"38.2\/22\/38.2-2223","metadata":false},{"id":67966,"structure_id":13816,"section_number":"38.2-2224","catch_line":"Commission to establish guidelines for filing readable motor vehicle insurance policy forms","url":"\/38.2-2224\/","token":"38.2\/22\/38.2-2224","metadata":false},{"id":70751,"structure_id":13816,"section_number":"38.2-2225","catch_line":"Sending copies of orders to companies affected","url":"\/38.2-2225\/","token":"38.2\/22\/38.2-2225","metadata":false},{"id":79233,"structure_id":13816,"section_number":"38.2-2226","catch_line":"Insurer to give notice to claimant of intention to rely on certain defenses and of execution of nonwaiver of rights agreement","url":"\/38.2-2226\/","token":"38.2\/22\/38.2-2226","metadata":false},{"id":64295,"structure_id":13816,"section_number":"38.2-2226.1","catch_line":"Insurer to give notice of settlement of claim","url":"\/38.2-2226.1\/","token":"38.2\/22\/38.2-2226.1","metadata":false},{"id":75189,"structure_id":13816,"section_number":"38.2-2227","catch_line":"Aircraft liability policy not to deny coverage for violation of federal or civil regulations, etc.; permitted exclusions or conditions","url":"\/38.2-2227\/","token":"38.2\/22\/38.2-2227","metadata":false},{"id":54902,"structure_id":13816,"section_number":"38.2-2228","catch_line":"Repealed","url":"\/38.2-2228\/","token":"38.2\/22\/38.2-2228","metadata":false},{"id":54970,"structure_id":13816,"section_number":"38.2-2228.2","catch_line":"Certain medical malpractice claims to be reported to the Commission","url":"\/38.2-2228.2\/","token":"38.2\/22\/38.2-2228.2","metadata":false},{"id":76107,"structure_id":13816,"section_number":"38.2-2229","catch_line":"Claims-made liability insurance","url":"\/38.2-2229\/","token":"38.2\/22\/38.2-2229","metadata":false},{"id":71578,"structure_id":13816,"section_number":"38.2-2230","catch_line":"Mandatory offer of rental reimbursement coverage","url":"\/38.2-2230\/","token":"38.2\/22\/38.2-2230","metadata":false},{"id":81873,"structure_id":13816,"section_number":"38.2-2231","catch_line":"Physical damage arbitration between insurers; alternate forums","url":"\/38.2-2231\/","token":"38.2\/22\/38.2-2231","metadata":false},{"id":54821,"structure_id":13816,"section_number":"38.2-2232","catch_line":"Liability insurance on private pleasure watercraft; optional coverage","url":"\/38.2-2232\/","token":"38.2\/22\/38.2-2232","metadata":false},{"id":69145,"structure_id":13816,"section_number":"38.2-2233","catch_line":"Installment payments of motor vehicle insurance","url":"\/38.2-2233\/","token":"38.2\/22\/38.2-2233","metadata":false},{"id":83935,"structure_id":13816,"section_number":"38.2-2234","catch_line":"Insurance credit score disclosure; use of credit information","url":"\/38.2-2234\/","token":"38.2\/22\/38.2-2234","metadata":false}],"previous_section":{"id":61927,"structure_id":13816,"section_number":"38.2-2211","catch_line":"Motor vehicle liability insurer not to receive credit for other medical expense insurance","url":"\/38.2-2211\/","token":"38.2\/22\/38.2-2211","metadata":false},"next_section":{"id":71236,"structure_id":13816,"section_number":"38.2-2212.1","catch_line":"Powers of Commission; replacement policies","url":"\/38.2-2212.1\/","token":"38.2\/22\/38.2-2212.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2212\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 564 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 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 20 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 1972, chapter 273; in 1975, chapters 63 and 319; in 1978, chapter 441; in 1982, chapter 482; in 1983, chapters 125 and 371; in 1984, chapter 340; in 1986, chapter 562; in 1988, chapter 655; in 1990, chapter 960; in 1991, chapter 116; in 1995, chapter 3<\/a>; in 1996, chapters 206<\/a> and 239<\/a>; in 1998, chapters 141<\/a> and 142<\/a>; in 2003, chapters 543<\/a> and 553<\/a>; in 2006, chapters 851<\/a> and 889<\/a>; in 2008, chapters 58<\/a> and 221<\/a>; in 2009, chapter 215<\/a>; in 2013, chapter 257<\/a>; in 2019, chapter 334<\/a>; in 2020, chapters 900<\/a>, 1137<\/a>, 1227<\/a>, and 1246<\/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":75993,"section_number":"38.2-2210","catch_line":"Warning concerning cancellation to appear on application for motor vehicle liability insurance; reason for cancellation or nonrenewal required on application","order_by":null,"url":"\/38.2-2210\/"},{"id":71236,"section_number":"38.2-2212.1","catch_line":"Powers of Commission; replacement policies","order_by":null,"url":"\/38.2-2212.1\/"},{"id":57322,"section_number":"38.2-2213","catch_line":"Discrimination in issuance of motor vehicle insurance","order_by":null,"url":"\/38.2-2213\/"},{"id":72056,"section_number":"38.2-2214","catch_line":"Statement defining rate classifications to be provided by insurer to insured","order_by":null,"url":"\/38.2-2214\/"},{"id":66919,"section_number":"38.2-2217","catch_line":"Reduction in rates for certain persons who attend mature driver motor vehicle crash prevention courses and driver improvement clinics","order_by":null,"url":"\/38.2-2217\/"},{"id":62782,"section_number":"38.2-2217.1","catch_line":"Insurers required to renew motor vehicle liability coverage for vanpools; exceptions","order_by":null,"url":"\/38.2-2217.1\/"},{"id":71578,"section_number":"38.2-2230","catch_line":"Mandatory offer of rental reimbursement coverage","order_by":null,"url":"\/38.2-2230\/"},{"id":69145,"section_number":"38.2-2233","catch_line":"Installment payments of motor vehicle insurance","order_by":null,"url":"\/38.2-2233\/"},{"id":83935,"section_number":"38.2-2234","catch_line":"Insurance credit score disclosure; use of credit information","order_by":null,"url":"\/38.2-2234\/"},{"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\/"},{"id":58399,"section_number":"38.2-613.1","catch_line":"Disclosure of agent's moratorium required","order_by":null,"url":"\/38.2-613.1\/"}],"refers_to":[{"id":70028,"section_number":"38.2-2204","catch_line":"Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; \"omnibus clause.\"","order_by":null,"url":"\/38.2-2204\/"},{"id":56297,"section_number":"38.2-2205","catch_line":"Liability insurance on motor vehicles; standard provisions; applicability of other valid and collectible insurance","order_by":null,"url":"\/38.2-2205\/"},{"id":80121,"section_number":"38.2-2208","catch_line":"Notices of cancellation of or refusal to renew motor vehicle insurance policies","order_by":null,"url":"\/38.2-2208\/"},{"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\/"},{"id":64068,"section_number":"46.2-1088.6","catch_line":"Motor vehicle recording devices","order_by":null,"url":"\/46.2-1088.6\/"}],"permalink":{"id":213599,"object_type":"law","relational_id":80817,"identifier":"38.2-2212","token":"38.2\/22\/38.2-2212","url":"\/38.2-2212\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2212\/","token":"38.2\/22\/38.2-2212","dublin_core":{"Title":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2212","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Cancellation<\/span>” or “to cancel<\/span>” means a termination of a policy during the policy period.\n\t\t\t“Insurer<\/span>” means any insurance company<\/span>, association, or exchange licensed to transact motor vehicle insurance in the Commonwealth.\n\t\t\t“Policy of motor vehicle insurance<\/span>” or “policy” means a policy or contract<\/span> for bodily injury or property damage liability insurance issued or delivered in this Commonwealth covering liability arising from the ownership, maintenance, or use of any motor vehicle, insuring as the named insured one individual or spouses who are residents of the same household, and under which the insured vehicle designated in the policy is either: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A motor vehicle of a private passenger, station wagon, or motorcycle type that is not used commercially, rented to others, or used as a public or livery conveyance where the term “public or livery conveyance” does not include car pools, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any other four-wheel motor vehicle which is not used in the occupation, profession, or business, other than farming, of the insured, or as a public or livery conveyance, or rented to others. The term “policy of motor vehicle insurance<\/span>” or “policy” does not include (i) any policy issued through the Virginia Automobile Insurance Plan, (ii) any policy covering the operation of a garage, sales agency, repair shop, service station, or public parking place, (iii) any policy providing insurance only on an excess basis, or (iv) any other contract<\/span> providing insurance to the named insured even though the contract<\/span> may incidentally provide insurance on motor vehicles.\n\t\t\t\t“Renewal<\/span>” or “to renew<\/span>” means (i) the issuance and delivery by an insurer<\/span> of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer<\/span>, providing types and limits of coverage at least equal to those contained in the policy being superseded, or (ii) the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy. Each renewal<\/span> shall conform with the requirements of the manual rules and rating program currently filed by the insurer<\/span> with the Commission<\/span>. Except as provided in subsection K, any policy with a policy period or term of less than 12 months or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive policy periods or terms of six months from the original effective date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This section shall apply only to that portion of a policy of motor vehicle insurance<\/span> providing the coverage required by §§ 38.2-2204<\/a>, 38.2-2205<\/a>, and 38.2-2206<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. No insurer<\/span> shall refuse to renew<\/span> a motor vehicle insurance policy solely because of any one or more of the following factors:\n\t\t\ta. Age;\n\t\t\tb. Sex;\n\t\t\tc. Residence;\n\t\t\td. Race;\n\t\t\te. Color;\n\t\t\tf. Creed;\n\t\t\tg. National origin;\n\t\t\th. Ancestry;\n\t\t\ti. Marital status;\n\t\t\tj. Sexual orientation;\n\t\t\tk. Gender identity;\n\t\t\tl. Lawful occupation, including the military service;\n\t\t\tm. Lack of driving experience, or number of years driving experience;\n\t\t\tn. Lack of supporting business or lack of the potential for acquiring such business;\n\t\t\to. One or more accidents or violations that occurred more than 48 months immediately preceding the upcoming anniversary date;\n\t\t\tp. One or more claims submitted under the uninsured motorists coverage of the policy where the uninsured motorist is known or there is physical evidence<\/span> of contact;\n\t\t\tq. A single claim by a single insured submitted under the medical expense coverage due to an accident for which the insured was neither wholly nor partially at fault;\n\t\t\tr. One or more claims submitted under the comprehensive or towing coverages. However, nothing in this section shall prohibit an insurer<\/span> from modifying or refusing to renew<\/span> the comprehensive or towing coverages at the time of renewal<\/span> of the policy on the basis of one or more claims submitted by an insured under those coverages, provided that the insurer<\/span> shall mail or deliver to the insured at the address shown in the policy, or deliver electronically to the address provided by the named insured, written notice of any such change in coverage at least 45 days prior to the renewal<\/span>;\n\t\t\ts. Two or fewer motor vehicle accidents within a three-year period unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator;\n\t\t\tt. Credit information contained in a “consumer report,” as defined in the federal Fair Credit Reporting Act, 15 U.S.C. \u00a7 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. The provisions of this subdivision shall apply only to insurance purchased primarily for personal, family, or household purposes;\n\t\t\tu. The refusal of a motor vehicle owner as defined in \u00a7 46.2-1088.6<\/a> to provide access to recorded data from a recording device as defined in \u00a7 46.2-1088.6<\/a>; or\n\t\t\tv. The status of the person<\/span> as a foster care provider or a person<\/span> in foster care. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Nothing in this section shall require any insurer<\/span> to renew<\/span> a policy for an insured where the insured’s occupation has changed so as to materially increase the risk. Nothing contained in subdivisions 1 p, q, and r shall prohibit an insurer<\/span> from refusing to renew<\/span> a policy where a claim is false or fraudulent. Nothing 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

D.<\/span> No insurer<\/span> shall cancel a policy except for one or more of the following reasons: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The named insured or any other operator who either resides in the same household or customarily operates a motor vehicle insured under the policy has had his driving privileges<\/span> suspended or revoked during the policy period or, if the policy is a renewal<\/span>, during its policy period or the 90 days immediately preceding the last effective date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The named insured fails to pay the premium for the policy or any installment of the premium, whether payable to the insurer<\/span> or its agent either directly or indirectly under any premium finance plan or extension of credit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The named insured or his duly constituted attorney-in-fact<\/span><\/span> has notified the insurer<\/span> of a change in the insured’s legal residence to a state<\/span> other than Virginia and the insured vehicle will be principally garaged in the new state<\/span> of legal residence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No cancellation<\/span> or refusal to renew<\/span> by an insurer<\/span> of a policy of motor vehicle insurance<\/span> shall be effective unless the insurer<\/span> delivers or mails to the named insured at the address shown in the policy a written notice of the cancellation<\/span> or refusal to renew<\/span>, or the insurer<\/span> delivers such notice electronically to the address provided by the named insured. The notice shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

2.<\/span> State<\/span> the effective date of the cancellation<\/span> or refusal to renew<\/span>. The effective date of cancellation<\/span> or refusal to renew<\/span> shall be at least 45 days after mailing or delivering to the insured the notice of cancellation<\/span> or notice of refusal to renew<\/span>. However, when the policy is being canceled or not renewed for the reason set forth in subdivision D 2 the effective date may be less than 45 days but at least 15 days from the date of mailing or delivery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> State<\/span> the specific reason of the insurer<\/span> for cancellation<\/span> or refusal to renew<\/span> and provide for the notification required by §§ 38.2-608<\/a>, 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 D 2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Inform the insured of his right to request in writing within 15 days of the receipt of the notice that the Commissioner review the action of the insurer<\/span>.\n\t\t\t\tThe notice of cancellation<\/span> or refusal to renew<\/span> shall contain the following statement to inform the insured of such right:\n\t\t\t\tIMPORTANT NOTICE\n\t\t\t\tWithin 15 days of receiving this notice, you or your attorney may request in writing that the Commissioner of Insurance<\/span> review this action to determine whether the insurer<\/span> has complied with Virginia laws<\/span> in canceling or nonrenewing your policy. If this insurer<\/span> has failed to comply with the cancellation<\/span> or nonrenewal laws<\/span>, the Commissioner may require that your policy be reinstated. However, the Commissioner is prohibited from making underwriting judgments<\/span>. If this insurer<\/span> has complied with the cancellation<\/span> or nonrenewal laws<\/span>, the Commissioner does not have the authority to overturn this action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Inform the insured of the possible availability of other insurance which may be obtained through his agent, through another insurer<\/span>, or through the Virginia Automobile Insurance Plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If sent by mail or delivered electronically, comply with the provisions of § 38.2-2208<\/a>.\n\t\t\t\tNothing in this subsection prohibits any insurer<\/span> or agent from including in the notice of cancellation<\/span> or refusal to renew<\/span>, any additional disclosure statements<\/span> required by state<\/span> or federal laws<\/span>, or any additional information relating to the availability of other insurance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

1.<\/span> If the insurer<\/span> or its agent acting on behalf of the insurer<\/span> has manifested its willingness to renew<\/span> by issuing or offering to issue<\/span> a renewal<\/span> policy, certificate, or other evidence<\/span> of renewal<\/span>, or has manifested its willingness to renew<\/span> 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 coverage, and information regarding the estimated renewal<\/span> premium. The insurer<\/span> shall retain a copy of each written manifestation for a period of at least one year from the expiration date of any policy that is not renewed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

3.<\/span> To any motor vehicle insurance policy which has been in effect less than 60 days when the termination notice is mailed or delivered to the insured, unless it is a renewal<\/span> policy; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/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<\/span> 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<\/span> policy. <\/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 or his subordinates; any insurer<\/span>, its authorized representatives, its agents, or its employees; or any person<\/span> furnishing to the insurer<\/span> information as to reasons for cancellation<\/span> or refusal to renew<\/span>, for any statement made by any of them in complying with this section or for providing information pertaining to the cancellation<\/span> or refusal to renew<\/span>. For the purposes of this section, no insurer<\/span> shall be required to furnish a notice of cancellation<\/span> or refusal to renew<\/span> to anyone other than the named insured, any person<\/span> designated by the named insured, or any other person<\/span> to whom such notice is required to be given by the terms of the policy and the Commissioner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Within 15 days of receipt of the notice of cancellation<\/span> or refusal to renew<\/span>, any insured or his attorney shall be entitled to request in writing to the Commissioner that he review the action of the insurer<\/span> in canceling or refusing to renew<\/span> the policy of the insured. Upon receipt of the request, the Commissioner shall promptly begin a review to determine whether the insurer<\/span>’s cancellation<\/span> or refusal to renew<\/span> complies with the requirements of this section and of § 38.2-2208<\/a> if the notice was 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<\/span> or refusal to renew<\/span> is for the reason set forth in subdivision D 2, in which case the policy shall terminate as of the effective date stated in the notice. Where the Commissioner finds from the review that the cancellation<\/span> or refusal to renew<\/span> has not complied with the requirements of this section or of § 38.2-2208<\/a>, he shall immediately notify the insurer<\/span>, the insured and any other person<\/span> to whom such notice was required to be given by the terms of the policy that the cancellation<\/span> or refusal to renew<\/span> is not effective. Nothing in this section authorizes the Commissioner to substitute his judgment<\/span> as to underwriting for that of the insurer<\/span>. Where the Commissioner finds in favor of the insured, the Commission<\/span> in its discretion may award the insured reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Each insurer<\/span> shall maintain for at least one year, records of cancellation<\/span> and refusal to renew<\/span> 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

J.<\/span> The provisions of this section shall not apply to any insurer<\/span> that limits the issuance of policies of motor vehicle liability insurance to one class or group of persons<\/span> engaged in any one particular profession, trade, occupation, or business. Nothing in this section requires an insurer<\/span> to renew<\/span> a policy of motor vehicle insurance<\/span> 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. No insurer<\/span> is required to renew<\/span> a policy if the insured becomes a nonresident of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Notwithstanding any other provision of this section, a motor vehicle insurance policy with a policy period or term of five months or less may expire at its expiration date when the insurer<\/span> has manifested in writing its willingness to renew<\/span> the policy for at least 30 days and has mailed or delivered the written manifestation to the insured at least 15 days before the expiration date of the policy. The written manifestation shall include the name of the proposed insurer<\/span>, the expiration date of the policy, the type of insurance coverage, and the estimated renewal<\/span> premium. The insurer<\/span> shall retain a copy of the written manifestation for at least one year from the expiration date of any policy that is not renewed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGROUNDS AND PROCEDURE FOR CANCELLATION OF OR REFUSAL TO RENEW MOTOR VEHICLE\nINSURANCE POLICIES; REVIEW BY COMMISSIONER (\u00a7 38.2-2212)\n\nA. As used in this section:\n\t\t\t“Cancellation” or “to cancel” means a termination of\na policy during the policy period.\n\t\t\t“Insurer” means any insurance company, association, or exchange\nlicensed to transact motor vehicle insurance in the Commonwealth.\n\t\t\t“Policy of motor vehicle insurance” or “policy” means\na policy or contract for bodily injury or property damage liability insurance\nissued or delivered in this Commonwealth covering liability arising from the\nownership, maintenance, or use of any motor vehicle, insuring as the named\ninsured one individual or spouses who are residents of the same household, and\nunder which the insured vehicle designated in the policy is either:\n\n 1. A motor vehicle of a private passenger, station wagon, or motorcycle type\n that is not used commercially, rented to others, or used as a public or livery\n conveyance where the term “public or livery conveyance” does not\n include car pools, or\n\n 2. Any other four-wheel motor vehicle which is not used in the occupation,\n profession, or business, other than farming, of the insured, or as a public or\n livery conveyance, or rented to others. The term “policy of motor\n vehicle insurance” or “policy” does not include (i) any\n policy issued through the Virginia Automobile Insurance Plan, (ii) any policy\n covering the operation of a garage, sales agency, repair shop, service\n station, or public parking place, (iii) any policy providing insurance only on\n an excess basis, or (iv) any other contract providing insurance to the named\n insured even though the contract may incidentally provide insurance on motor\n vehicles.\n \t\t\t\t“Renewal” or “to renew” means (i) the issuance and\n delivery by an insurer of a policy superseding at the end of the policy period\n a policy previously issued and delivered by the same insurer, providing types\n and limits of coverage at least equal to those contained in the policy being\n superseded, or (ii) the issuance and delivery of a certificate or notice\n extending the term of a policy beyond its policy period or term with types and\n limits of coverage at least equal to those contained in the policy. Each\n renewal shall conform with the requirements of the manual rules and rating\n program currently filed by the insurer with the Commission. Except as provided\n in subsection K, any policy with a policy period or term of less than 12\n months or any policy with no fixed expiration date shall for the purpose of\n this section be considered as if written for successive policy periods or\n terms of six months from the original effective date.\n\nB. This section shall apply only to that portion of a policy of motor vehicle\ninsurance providing the coverage required by §§ 38.2-2204, 38.2-2205,\nand 38.2-2206.\n\nC. 1. No insurer shall refuse to renew a motor vehicle insurance policy solely\nbecause of any one or more of the following factors:\n\t\t\ta. Age;\n\t\t\tb. Sex;\n\t\t\tc. Residence;\n\t\t\td. Race;\n\t\t\te. Color;\n\t\t\tf. Creed;\n\t\t\tg. National origin;\n\t\t\th. Ancestry;\n\t\t\ti. Marital status;\n\t\t\tj. Sexual orientation;\n\t\t\tk. Gender identity;\n\t\t\tl. Lawful occupation, including the military service;\n\t\t\tm. Lack of driving experience, or number of years driving experience;\n\t\t\tn. Lack of supporting business or lack of the potential for acquiring such\nbusiness;\n\t\t\to. One or more accidents or violations that occurred more than 48 months\nimmediately preceding the upcoming anniversary date;\n\t\t\tp. One or more claims submitted under the uninsured motorists coverage of the\npolicy where the uninsured motorist is known or there is physical evidence of\ncontact;\n\t\t\tq. A single claim by a single insured submitted under the medical expense\ncoverage due to an accident for which the insured was neither wholly nor\npartially at fault;\n\t\t\tr. One or more claims submitted under the comprehensive or towing coverages.\nHowever, nothing in this section shall prohibit an insurer from modifying or\nrefusing to renew the comprehensive or towing coverages at the time of renewal\nof the policy on the basis of one or more claims submitted by an insured under\nthose coverages, provided that the insurer shall mail or deliver to the insured\nat the address shown in the policy, or deliver electronically to the address\nprovided by the named insured, written notice of any such change in coverage at\nleast 45 days prior to the renewal;\n\t\t\ts. Two or fewer motor vehicle accidents within a three-year period unless the\naccident was caused either wholly or partially by the named insured, a resident\nof the same household, or other customary operator;\n\t\t\tt. Credit information contained in a “consumer report,” as\ndefined in the federal Fair Credit Reporting Act, 15 U.S.C. \u00a7 1681 et seq.,\nbearing on a natural person’s creditworthiness, credit standing or credit\ncapacity. If credit information is used, in part, as the basis for the\nnonrenewal, such credit information shall be based on a consumer report procured\nwithin 120 days from the effective date of the nonrenewal. The provisions of\nthis subdivision shall apply only to insurance purchased primarily for personal,\nfamily, or household purposes;\n\t\t\tu. The refusal of a motor vehicle owner as defined in \u00a7 46.2-1088.6 to\nprovide access to recorded data from a recording device as defined in \u00a7\n46.2-1088.6; or\n\t\t\tv. The status of the person as a foster care provider or a person in foster\ncare.\n\n 2. Nothing in this section shall require any insurer to renew a policy for an\n insured where the insured’s occupation has changed so as to materially\n increase the risk. Nothing contained in subdivisions 1 p, q, and r shall\n prohibit an insurer from refusing to renew a policy where a claim is false or\n fraudulent. Nothing in this section prohibits any insurer from setting rates\n in accordance with relevant actuarial data.\n\nD. No insurer shall cancel a policy except for one or more of the following\nreasons:\n\n 1. The named insured or any other operator who either resides in the same\n household or customarily operates a motor vehicle insured under the policy has\n had his driving privileges suspended or revoked during the policy period or,\n if the policy is a renewal, during its policy period or the 90 days\n immediately preceding the last effective date.\n\n 2. The named insured fails to pay the premium for the policy or any\n installment of the premium, whether payable to the insurer or its agent either\n directly or indirectly under any premium finance plan or extension of credit.\n\n 3. The named insured or his duly constituted attorney-in-fact has notified the\n insurer of a change in the insured’s legal residence to a state other\n than Virginia and the insured vehicle will be principally garaged in the new\n state of legal residence.\n\nE. No cancellation or refusal to renew by an insurer of a policy of motor\nvehicle insurance shall be effective unless the insurer delivers or mails to the\nnamed insured at the address shown in the policy a written notice of the\ncancellation or refusal to renew, or the insurer delivers such notice\nelectronically to the address provided by the named insured. The notice shall:\n\n 1. Be in a type size authorized under § 38.2-311.\n\n 2. State the effective date of the cancellation or refusal to renew. The\n effective date of cancellation or refusal to renew shall be at least 45 days\n after mailing or delivering to the insured the notice of cancellation or\n notice of refusal to renew. However, when the policy is being canceled or not\n renewed for the reason set forth in subdivision D 2 the effective date may be\n less than 45 days but at least 15 days from the date of mailing or delivery.\n\n 3. State the specific reason of the insurer for cancellation or refusal to\n renew and provide for the notification required by §§ 38.2-608,\n 38.2-609, and subsection B of § 38.2-610. However, those notification\n requirements shall not apply when the policy is being canceled or not renewed\n for the reason set forth in subdivision D 2.\n\n 4. Inform the insured of his right to request in writing within 15 days of the\n receipt of the notice that the Commissioner review the action of the insurer.\n \t\t\t\tThe notice of cancellation or refusal to renew shall contain the following\n statement to inform the insured of such right:\n \t\t\t\tIMPORTANT NOTICE\n \t\t\t\tWithin 15 days of receiving this notice, you or your attorney may request\n in writing that the Commissioner of Insurance review this action to determine\n whether the insurer has complied with Virginia laws in canceling or\n nonrenewing your policy. If this insurer has failed to comply with the\n cancellation or nonrenewal laws, the Commissioner may require that your policy\n be reinstated. However, the Commissioner is prohibited from making\n underwriting judgments. If this insurer has complied with the cancellation or\n nonrenewal laws, the Commissioner does not have the authority to overturn this\n action.\n\n 5. Inform the insured of the possible availability of other insurance which\n may be obtained through his agent, through another insurer, or through the\n Virginia Automobile Insurance Plan.\n\n 6. If sent by mail or delivered electronically, comply with the provisions of\n § 38.2-2208.\n \t\t\t\tNothing in this subsection prohibits any insurer or agent from including\n in the notice of cancellation or refusal to renew, any additional disclosure\n statements required by state or federal laws, or any additional information\n relating to the availability of other insurance.\n\nF. Nothing in this section shall apply:\n\n 1. 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 manifested its willingness\n to renew in writing to the insured. The written manifestation shall include\n the name of a proposed insurer, the expiration date of the policy, the type of\n insurance coverage, and information regarding the estimated renewal premium.\n The insurer shall retain a copy of each written manifestation for a period of\n at least one year from the expiration date of any policy that is not renewed;\n\n 2. If the named insured, or his duly constituted attorney-in-fact, has\n notified the insurer or its agent orally, or in writing, if the insurer\n requires such notification to be in writing, that he wishes the policy to be\n canceled or that he does not wish the policy to be renewed, or if prior to the\n date of expiration he fails to accept the offer of the insurer to renew the\n policy;\n\n 3. To any motor vehicle insurance policy which has been in effect less than 60\n days when the termination notice is mailed or delivered to the insured, unless\n it is a renewal policy; or\n\n 4. 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\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 representatives, its agents, or its employees; or any person\nfurnishing to the insurer information as to reasons for cancellation or refusal\nto renew, for any statement made by any of them in complying with this section\nor for providing information pertaining to the cancellation or refusal to renew.\nFor the purposes of this section, no insurer shall be required to furnish a\nnotice of cancellation or refusal to renew to anyone other than the named\ninsured, any person designated by the named insured, or any other person to whom\nsuch notice is required to be given by the terms of the policy and the\nCommissioner.\n\nH. Within 15 days of receipt of the notice of cancellation or refusal to renew,\nany insured or his attorney shall be entitled to request in writing to the\nCommissioner that he review the action of the insurer in canceling or refusing\nto renew the policy of the insured. Upon receipt of the request, the\nCommissioner shall promptly begin a review to determine whether the\ninsurer’s cancellation or refusal to renew complies with the requirements\nof this section and of § 38.2-2208 if the notice was sent by mail or\ndelivered electronically. The policy shall remain in full force and effect\nduring the pendency of the review by the Commissioner except where the\ncancellation or refusal to renew is for the reason set forth in subdivision D 2,\nin which case the policy shall terminate as of the effective date stated in the\nnotice. Where the Commissioner finds from the review that the cancellation or\nrefusal to renew has not complied with the requirements of this section or of\n§ 38.2-2208, he shall immediately notify the insurer, the insured and any\nother person to whom such notice was required to be given by the terms of the\npolicy that the cancellation or refusal to renew is not effective. Nothing in\nthis section authorizes the Commissioner to substitute his judgment as to\nunderwriting for that of the insurer. Where the Commissioner finds in favor of\nthe insured, the Commission in its discretion may award the insured reasonable\nattorney fees.\n\nI. 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\nJ. The provisions of this section shall not apply to any insurer that limits the\nissuance of policies of motor vehicle liability insurance to one class or group\nof persons engaged in any one particular profession, trade, occupation, or\nbusiness. Nothing in this section requires an insurer to renew a policy of motor\nvehicle insurance if the insured does not conform to the occupational or\nmembership requirements of an insurer who limits its writings to an occupation\nor membership of an organization. No insurer is required to renew a policy if\nthe insured becomes a nonresident of Virginia.\n\nK. Notwithstanding any other provision of this section, a motor vehicle\ninsurance policy with a policy period or term of five months or less may expire\nat its expiration date when the insurer has manifested in writing its\nwillingness to renew the policy for at least 30 days and has mailed or delivered\nthe written manifestation to the insured at least 15 days before the expiration\ndate of the policy. The written manifestation shall include the name of the\nproposed insurer, the expiration date of the policy, the type of insurance\ncoverage, and the estimated renewal premium. The insurer shall retain a copy of\nthe written manifestation for at least one year from the expiration date of any\npolicy that is not renewed.\n\nHISTORY: 1970, c. 564, \u00a7 38.1-381.5; 1972, c. 273; 1975, cc. 63, 319; 1978, c.\n441; 1982, c. 482; 1983, cc. 125, 371; 1984, c. 340; 1986, c. 562; 1988, c. 655;\n1990, c. 960; 1991, c. 116; 1995, c. 3; 1996, cc. 206, 239; 1998, cc. 141, 142;\n2003, cc. 543, 553; 2006, cc. 851, 889; 2008, cc. 58, 221; 2009, c. 215; 2013,\nc. 257; 2019, c. 334; 2020, cc. 900, 1137, 1227, 1246.","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}}