{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-231.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-231.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-231.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-231.html"}],"law_id":69255,"edition_id":1,"section_id":69255,"structure_id":14221,"section_number":"38.2-231","catch_line":"Notice of cancellation, refusal to renew, reduction in coverage or increase in premium of certain liability insurance policies","history":"1986, c. 376, \u00a7 38.1-43.01; 1987, c. 697; 1988, c. 189; 1989, c. 728; 1992, c. 160; 1996, c. 237; 1998, c. 142; 2000, c. 529; 2003, cc. 387, 678; 2005, cc. 290, 635; 2006, c. 554; 2008, cc. 58, 221; 2009, c. 215; 2013, cc. 13, 257; 2015, cc. 9, 443; 2016, cc. 4, 71.","full_text":"A\n\n1. No cancellation or refusal to renew by an insurer of (i) a policy of insurance as defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (ii) a policy of insurance that includes as a part thereof insurance as defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (iii) a policy of motor vehicle insurance against legal liability of the insured as defined in \u00a7 38.2-124 insuring a business entity; or (iv) a policy of miscellaneous casualty insurance as defined in subsection B of \u00a7 38.2-111 insuring a business entity shall be effective unless the insurer delivers or mails to the first named insured at the address shown on the policy a written notice of cancellation or refusal to renew, or delivers such notice electronically to the address provided by the first named insured. Such notice shall:\n\t\t\ta. Be in a type size authorized under \u00a7 38.2-311;\n\t\t\tb. State the date, which shall not be less than 45 days after the delivery or mailing of the notice of cancellation or refusal to renew, on which such cancellation or refusal to renew shall become effective, except that such effective date may not be less than 15 days from the date of mailing or delivery when the policy is being cancelled or not renewed for failure of the insured to discharge when due any of its obligations in connection with the payment of premium for the policy;\n\t\t\tc. State the specific reason or reasons of the insurer for cancellation or refusal to renew;\n\t\t\td. Advise the first named insured of its right to request in writing, within 15 days of the receipt of the notice, that the Commissioner of Insurance review the action of the insurer; and\n\t\t\te. In the case of a policy of motor vehicle insurance, inform the first named insured of the possible availability of other insurance which may be obtained through its agent, through another insurer, or through the Virginia Automobile Insurance Plan.2\n\nNothing in this subsection shall apply to any policy of insurance if the named insured or his duly constituted attorney-in-fact has notified orally, or in writing, if the insurer requires such notification to be in writing, the insurer or its agent 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\nNothing in this subsection shall apply 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.B\n\nNo insurer shall cancel or refuse to renew a policy of motor vehicle insurance against legal liability of the insured as defined in &#xA7; 38.2-124 insuring a business entity solely because of lack of supporting business or lack of the potential for acquiring such business.C\n\nNo reduction in coverage for personal injury or property damage liability initiated by an insurer and no insurer-initiated increase in the premium greater than 25 percent of (i) a policy of insurance defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (ii) a policy of insurance that includes as a part thereof insurance defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (iii) a policy of motor vehicle insurance against legal liability of the insured as defined in \u00a7 38.2-124 insuring a business entity; or (iv) a policy of miscellaneous casualty insurance as defined in subsection B of \u00a7 38.2-111 insuring a business entity, and which in the case of a reduction in coverage is subject to \u00a7 38.2-1912, shall be effective unless the insurer delivers or mails to the first named insured at the address shown on the policy, or delivers electronically to the address provided by the first named insured, a written notice of such reduction in coverage or premium increase not later than 45 days prior to the effective date of same. The increase in premium shall be the difference between the renewal premium and the premium charged by the insurer at the effective date of the expiring policy. Such notice shall:1\n\nBe in a type size authorized under &#xA7; 38.2-311;2\n\nState the date, which shall not be less than 45 days after the delivery or mailing of the notice of reduction in coverage or increase in premium, on which such reduction in coverage or increase in premium shall become effective;3\n\nAdvise the first named insured of the specific reason for the increase and the amount of the increase, or, if in the case of a reduction in coverage, the specific reason for the reduction and the manner in which coverage will be reduced, or that such information may be obtained from the agent or the insurer;4\n\nAdvise the first named insured of its right to request in writing, within 15 days of receipt of the notice, that the Commissioner of Insurance review the action of the insurer.D\n\nIf an insurer does not provide notice in the manner required in subsection C, coverage shall remain in effect until 45 days after written notice of reduction in coverage or increase in premium is mailed or delivered to the first named insured at the address shown on the policy, or delivered electronically to the address provided by the first named insured, unless the named insured obtains replacement coverage or elects to cancel sooner in either of which cases coverage under the prior policy shall cease on the effective date of the replacement coverage or the elected date of cancellation as the case may be. If the named insured fails to accept or rejects the changed policy, coverage for any period that extends beyond the expiration date will be under the prior policy&#8217;s rates, terms and conditions as applied against the renewal policy&#8217;s limits, rating exposures, and additional coverages. If the named insured accepts the changed policy, the reduction in coverage or increase in premium shall take effect upon the expiration of the prior policy.E\n\nNotice of reduction in coverage or increase in premium shall not be required if:1\n\nThe insurer, after written demand, has not received, within 45 days after such demand has been mailed or delivered to the first named insured at the address shown on the policy, or delivered electronically to the address provided by the first named insured, sufficient information from the named insured to provide the required notice;2\n\nSuch notice is waived in writing by the named insured;3\n\nThe insurer delivers or mails to the first named insured a renewal policy or a renewal offer not less than 45 days prior to the effective date of the policy or, in the case of a medical malpractice insurance policy, not less than 90 days prior to the effective date of the policy;4\n\nThe policy is issued to a large commercial risk as defined in subsection C of &#xA7; 38.2-1903.1 but excluding policies of medical malpractice insurance; or5\n\nThe policy is retrospectively rated, where the premium is adjusted at the end of the policy period to reflect the risk&#8217;s actual loss experience.F\n\nNo written notice of cancellation, refusal to renew, reduction in coverage, or increase in premium that is mailed or delivered electronically by an insurer to a first named insured in accordance with this section shall be effective unless the insurer complies with the applicable provisions of subdivisions 1 through 4:1\n\nIf the notice is mailed, proof of mailing a notice of cancellation, refusal to renew, reduction in coverage, or increase in premium shall be obtained using one of the following methods that demonstrates the date that the notice was sent to the first named insured at the address stated in the policy or to such insured&#8217;s last known address:\n\t\t\t\ta. The notice is sent by:1\n\nRegistered mail;2\n\nCertified mail; or3\n\nAny other similar first-class mail tracking method used or approved by the United States Postal Service, including Intelligent Mail barcode Tracing (IMb Tracing); or\n\t\t\t\t\tb. The notice is sent by another method of mailing for which a certificate of mailing is obtained from the United States Postal Service at the time the notice is accepted for mailing. A certificate of mailing from the United States Postal Service does not include a certificate of bulk mailing.2\n\nIf the notice is delivered electronically, the insurer retains evidence of electronic transmittal or receipt of the notification for at least one year from the date of the transmittal.3\n\nIf the notice is mailed, the insurer retains a copy of the notice of cancellation, refusal to renew, reduction in coverage, or increase in premium for at least one year from the date such action was effective. If the notice is mailed, proof of mailing from the United States Postal Service consistent with the mailing method utilized by the insurer shall be maintained for one year from the date the cancellation, refusal to renew, reduction in coverage, or increase in premium is effective.4\n\na. If the terms of a policy of motor vehicle insurance insuring a business entity require the notice of cancellation, refusal to renew, reduction in coverage, or increase in premium to be given to any lienholder, then the insurer shall mail such notice and retain a copy of the notice in the manner required by this subsection. If the notices sent to the first named insured and the lienholder are part of the same form, the insurer may retain a single copy of the notice. Proof of mailing from the United States Postal Service consistent with the mailing method utilized by the insurer shall be maintained for one year from the date the cancellation, refusal to renew, reduction in coverage, or increase in premium is effective.\n\t\t\t\tb. Notwithstanding the provisions of subdivision 4 a, if the terms of the policy require the notice of cancellation, refusal to renew, reduction in coverage, or increase in premium to be given to any lienholder, the insurer and lienholder may agree by separate agreement that such notices may be transmitted electronically, provided that the insurer and lienholder agree upon the specifics for transmittal and acknowledgment of notification. Evidence of transmittal or receipt of the notification required by this subsection shall be retained by the insurer for at least one year from the date of termination.\n\t\t\t\t&#8220;Copy,&#8221; as used in this subsection, includes photographs, microphotographs, photostats, microfilm, microcard, printouts, or other reproductions of electronically stored data or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process that forms a durable medium for its recording, storing, and reproducing.G\n\nNothing in this section shall prohibit any insurer or agent from including in a notice of cancellation, refusal to renew, reduction in coverage, or premium increase any additional disclosure statements required by state or federal laws.H\n\nFor the purpose of this section, the terms (i) &#8220;business entity&#8221; shall mean an entity as defined by subsection A of &#xA7; 13.1-543, &#xA7; 13.1-603 or 13.1-803 and shall include an individual, a partnership, an unincorporated association, the Commonwealth, a county, city, town, or an authority, board, commission, sanitation, soil and water, planning or other district, public service corporation owned, operated or controlled by the Commonwealth, a locality or other local governmental authority; (ii) &#8220;policy of motor vehicle insurance&#8221; shall mean a policy or contract for bodily injury or property damage liability insuring a business entity issued or delivered in this Commonwealth covering liability arising from the ownership, maintenance, or use of any motor vehicle, but does not include (a) any policy issued through the Virginia Automobile Insurance Plan, (b) any policy providing insurance only on an excess basis, or (c) any other contract providing insurance to the named insured even though the contract may incidentally provide insurance on motor vehicles; and (iii) &#8220;reduction in coverage&#8221; shall mean, but not be limited to, any diminution in scope of coverage, decrease in limits of liability, addition of exclusions, increase in deductibles, or reduction in the policy term or duration except a reduction in coverage filed with and approved by the Commission and applicable to an entire line, classification or subclassification of insurance.I\n\nWithin 15 days of receipt of the notice of cancellation, refusal to renew, reduction in coverage, or increase in premium, the named insured shall be entitled to request in writing to the Commissioner that he review the action of the insurer. Upon receipt of the request, the Commissioner shall promptly begin a review to determine whether the insurer&#8217;s notice of cancellation, refusal to renew, reduction in coverage, or premium increase complies with the requirements of this section. Where the Commissioner finds from the review that the notice of cancellation, refusal to renew, reduction in coverage, or premium increase does not comply with the requirements of this section, he shall immediately notify the insurer, the named insured and any other person to whom such notice was required to be given by the terms of the policy that such notice is not effective. Nothing in this section authorizes the Commissioner to substitute his judgment as to underwriting for that of the insurer. Pending review by the Commission, this section shall not operate to relieve an insured from the obligation to pay any premium when due; however, if the Commission finds that the notice required by this section was not proper, the Commission may order the insurer to pay to the insured any overpayment of premium made by the insured.J\n\nEvery insurer shall maintain for at least one year records of cancellation, refusals to renew, reductions in coverage, and premium increases to which this section applies and copies of every notice or statement required by subsections A, C, F, and L that it sends to any of its insureds.K\n\nThere shall be no liability on the part of and no cause of action of any nature shall arise against (i) the Commissioner of Insurance or his subordinates; (ii) any insurer, its authorized representative, its agents, or its employees; or (iii) any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation, refusal to renew, reduction in coverage, or premium increase, for any statement made by any of them in complying with this section or for providing information pertaining thereto.L\n\nNotwithstanding anything in this section to the contrary, if an insurer cancels or refuses to renew a policy of medical malpractice insurance as defined in &#xA7; 38.2-2800, or if, as a result of an insurer-initiated increase in premium, the premium increases for a medical malpractice insurance policy by more than 25 percent of the previous policy&#8217;s premium, the insurer shall provide no fewer than 90 days&#8217; notice prior to the renewal effective date, or, if such policy is being cancelled or non-renewed for failure of the insured to discharge when due any of its obligations in connection with the payment of premium for the policy, the effective date of cancellation or refusal to renew shall not be less than 15 days from the date of mailing or delivery of the notice. The increase in the premium shall be the difference between the renewal premium and the premium charged by the insurer at the effective date of the expiring policy.M\n\nAs used in this section, an &#8220;insurer-initiated increase in premium&#8221; means an increase in premium other than one resulting from changes in (i) coverage requested by the insured, (ii) policy limits requested by the insured, (iii) the insured&#8217;s operation or location that result in a change in the classification of the risk, or (iv) the rating exposures including, but not limited to, increases in payroll, receipts, square footage, number of automobiles insured, or number of employees.","order_by":null,"text":{"0":{"id":250563,"text":"1. No cancellation or refusal to renew by an insurer of (i) a policy of insurance as defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (ii) a policy of insurance that includes as a part thereof insurance as defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (iii) a policy of motor vehicle insurance against legal liability of the insured as defined in \u00a7 38.2-124 insuring a business entity; or (iv) a policy of miscellaneous casualty insurance as defined in subsection B of \u00a7 38.2-111 insuring a business entity shall be effective unless the insurer delivers or mails to the first named insured at the address shown on the policy a written notice of cancellation or refusal to renew, or delivers such notice electronically to the address provided by the first named insured. Such notice shall:\n\t\t\ta. Be in a type size authorized under \u00a7 38.2-311;\n\t\t\tb. State the date, which shall not be less than 45 days after the delivery or mailing of the notice of cancellation or refusal to renew, on which such cancellation or refusal to renew shall become effective, except that such effective date may not be less than 15 days from the date of mailing or delivery when the policy is being cancelled or not renewed for failure of the insured to discharge when due any of its obligations in connection with the payment of premium for the policy;\n\t\t\tc. State the specific reason or reasons of the insurer for cancellation or refusal to renew;\n\t\t\td. Advise the first named insured of its right to request in writing, within 15 days of the receipt of the notice, that the Commissioner of Insurance review the action of the insurer; and\n\t\t\te. In the case of a policy of motor vehicle insurance, inform the first named insured of the possible availability of other insurance which may be obtained through its agent, through another insurer, or through the Virginia Automobile Insurance Plan.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":250564,"text":"Nothing in this subsection shall apply to any policy of insurance if the named insured or his duly constituted attorney-in-fact has notified orally, or in writing, if the insurer requires such notification to be in writing, the insurer or its agent 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":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":250565,"text":"Nothing in this subsection shall apply 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":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"3":{"id":250566,"text":"No insurer shall cancel or refuse to renew a policy of motor vehicle insurance against legal liability of the insured as defined in &#xA7; 38.2-124 insuring a business entity solely because of lack of supporting business or lack of the potential for acquiring such business.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"4":{"id":250567,"text":"No reduction in coverage for personal injury or property damage liability initiated by an insurer and no insurer-initiated increase in the premium greater than 25 percent of (i) a policy of insurance defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (ii) a policy of insurance that includes as a part thereof insurance defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (iii) a policy of motor vehicle insurance against legal liability of the insured as defined in \u00a7 38.2-124 insuring a business entity; or (iv) a policy of miscellaneous casualty insurance as defined in subsection B of \u00a7 38.2-111 insuring a business entity, and which in the case of a reduction in coverage is subject to \u00a7 38.2-1912, shall be effective unless the insurer delivers or mails to the first named insured at the address shown on the policy, or delivers electronically to the address provided by the first named insured, a written notice of such reduction in coverage or premium increase not later than 45 days prior to the effective date of same. The increase in premium shall be the difference between the renewal premium and the premium charged by the insurer at the effective date of the expiring policy. Such notice shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":250568,"text":"Be in a type size authorized under &#xA7; 38.2-311;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":250569,"text":"State the date, which shall not be less than 45 days after the delivery or mailing of the notice of reduction in coverage or increase in premium, on which such reduction in coverage or increase in premium shall become effective;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":250570,"text":"Advise the first named insured of the specific reason for the increase and the amount of the increase, or, if in the case of a reduction in coverage, the specific reason for the reduction and the manner in which coverage will be reduced, or that such information may be obtained from the agent or the insurer;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"8":{"id":250571,"text":"Advise the first named insured of its right to request in writing, within 15 days of receipt of the notice, that the Commissioner of Insurance review the action of the insurer.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"9":{"id":250572,"text":"If an insurer does not provide notice in the manner required in subsection C, coverage shall remain in effect until 45 days after written notice of reduction in coverage or increase in premium is mailed or delivered to the first named insured at the address shown on the policy, or delivered electronically to the address provided by the first named insured, unless the named insured obtains replacement coverage or elects to cancel sooner in either of which cases coverage under the prior policy shall cease on the effective date of the replacement coverage or the elected date of cancellation as the case may be. If the named insured fails to accept or rejects the changed policy, coverage for any period that extends beyond the expiration date will be under the prior policy&#8217;s rates, terms and conditions as applied against the renewal policy&#8217;s limits, rating exposures, and additional coverages. If the named insured accepts the changed policy, the reduction in coverage or increase in premium shall take effect upon the expiration of the prior policy.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"10":{"id":250573,"text":"Notice of reduction in coverage or increase in premium shall not be required if:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"11":{"id":250574,"text":"The insurer, after written demand, has not received, within 45 days after such demand has been mailed or delivered to the first named insured at the address shown on the policy, or delivered electronically to the address provided by the first named insured, sufficient information from the named insured to provide the required notice;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"12":{"id":250575,"text":"Such notice is waived in writing by the named insured;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"13":{"id":250576,"text":"The insurer delivers or mails to the first named insured a renewal policy or a renewal offer not less than 45 days prior to the effective date of the policy or, in the case of a medical malpractice insurance policy, not less than 90 days prior to the effective date of the policy;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"14":{"id":250577,"text":"The policy is issued to a large commercial risk as defined in subsection C of &#xA7; 38.2-1903.1 but excluding policies of medical malpractice insurance; or","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"15":{"id":250578,"text":"The policy is retrospectively rated, where the premium is adjusted at the end of the policy period to reflect the risk&#8217;s actual loss experience.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"F"},"16":{"id":250579,"text":"No written notice of cancellation, refusal to renew, reduction in coverage, or increase in premium that is mailed or delivered electronically by an insurer to a first named insured in accordance with this section shall be effective unless the insurer complies with the applicable provisions of subdivisions 1 through 4:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E5","next_prefix":"F1"},"17":{"id":250580,"text":"If the notice is mailed, proof of mailing a notice of cancellation, refusal to renew, reduction in coverage, or increase in premium shall be obtained using one of the following methods that demonstrates the date that the notice was sent to the first named insured at the address stated in the policy or to such insured&#8217;s last known address:\n\t\t\t\ta. The notice is sent by:","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F11"},"18":{"id":250581,"text":"Registered mail;","type":"section","prefixes":["F","1","1"],"prefix":"1","entire_prefix":"F11","prefix_anchor":"F11","level":3,"prior_prefix":"F1","next_prefix":"F12"},"19":{"id":250582,"text":"Certified mail; or","type":"section","prefixes":["F","1","2"],"prefix":"2","entire_prefix":"F12","prefix_anchor":"F12","level":3,"prior_prefix":"F11","next_prefix":"F13"},"20":{"id":250583,"text":"Any other similar first-class mail tracking method used or approved by the United States Postal Service, including Intelligent Mail barcode Tracing (IMb Tracing); or\n\t\t\t\t\tb. The notice is sent by another method of mailing for which a certificate of mailing is obtained from the United States Postal Service at the time the notice is accepted for mailing. A certificate of mailing from the United States Postal Service does not include a certificate of bulk mailing.","type":"section","prefixes":["F","1","3"],"prefix":"3","entire_prefix":"F13","prefix_anchor":"F13","level":3,"prior_prefix":"F12","next_prefix":"F2"},"21":{"id":250584,"text":"If the notice is delivered electronically, the insurer retains evidence of electronic transmittal or receipt of the notification for at least one year from the date of the transmittal.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F13","next_prefix":"F3"},"22":{"id":250585,"text":"If the notice is mailed, the insurer retains a copy of the notice of cancellation, refusal to renew, reduction in coverage, or increase in premium for at least one year from the date such action was effective. If the notice is mailed, proof of mailing from the United States Postal Service consistent with the mailing method utilized by the insurer shall be maintained for one year from the date the cancellation, refusal to renew, reduction in coverage, or increase in premium is effective.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"23":{"id":250586,"text":"a. If the terms of a policy of motor vehicle insurance insuring a business entity require the notice of cancellation, refusal to renew, reduction in coverage, or increase in premium to be given to any lienholder, then the insurer shall mail such notice and retain a copy of the notice in the manner required by this subsection. If the notices sent to the first named insured and the lienholder are part of the same form, the insurer may retain a single copy of the notice. Proof of mailing from the United States Postal Service consistent with the mailing method utilized by the insurer shall be maintained for one year from the date the cancellation, refusal to renew, reduction in coverage, or increase in premium is effective.\n\t\t\t\tb. Notwithstanding the provisions of subdivision 4 a, if the terms of the policy require the notice of cancellation, refusal to renew, reduction in coverage, or increase in premium to be given to any lienholder, the insurer and lienholder may agree by separate agreement that such notices may be transmitted electronically, provided that the insurer and lienholder agree upon the specifics for transmittal and acknowledgment of notification. Evidence of transmittal or receipt of the notification required by this subsection shall be retained by the insurer for at least one year from the date of termination.\n\t\t\t\t&#8220;Copy,&#8221; as used in this subsection, includes photographs, microphotographs, photostats, microfilm, microcard, printouts, or other reproductions of electronically stored data or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process that forms a durable medium for its recording, storing, and reproducing.","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"G"},"24":{"id":250587,"text":"Nothing in this section shall prohibit any insurer or agent from including in a notice of cancellation, refusal to renew, reduction in coverage, or premium increase any additional disclosure statements required by state or federal laws.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F4","next_prefix":"H"},"25":{"id":250588,"text":"For the purpose of this section, the terms (i) &#8220;business entity&#8221; shall mean an entity as defined by subsection A of &#xA7; 13.1-543, &#xA7; 13.1-603 or 13.1-803 and shall include an individual, a partnership, an unincorporated association, the Commonwealth, a county, city, town, or an authority, board, commission, sanitation, soil and water, planning or other district, public service corporation owned, operated or controlled by the Commonwealth, a locality or other local governmental authority; (ii) &#8220;policy of motor vehicle insurance&#8221; shall mean a policy or contract for bodily injury or property damage liability insuring a business entity issued or delivered in this Commonwealth covering liability arising from the ownership, maintenance, or use of any motor vehicle, but does not include (a) any policy issued through the Virginia Automobile Insurance Plan, (b) any policy providing insurance only on an excess basis, or (c) any other contract providing insurance to the named insured even though the contract may incidentally provide insurance on motor vehicles; and (iii) &#8220;reduction in coverage&#8221; shall mean, but not be limited to, any diminution in scope of coverage, decrease in limits of liability, addition of exclusions, increase in deductibles, or reduction in the policy term or duration except a reduction in coverage filed with and approved by the Commission and applicable to an entire line, classification or subclassification of insurance.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"26":{"id":250589,"text":"Within 15 days of receipt of the notice of cancellation, refusal to renew, reduction in coverage, or increase in premium, the named insured shall be entitled to request in writing to the Commissioner that he review the action of the insurer. Upon receipt of the request, the Commissioner shall promptly begin a review to determine whether the insurer&#8217;s notice of cancellation, refusal to renew, reduction in coverage, or premium increase complies with the requirements of this section. Where the Commissioner finds from the review that the notice of cancellation, refusal to renew, reduction in coverage, or premium increase does not comply with the requirements of this section, he shall immediately notify the insurer, the named insured and any other person to whom such notice was required to be given by the terms of the policy that such notice is not effective. Nothing in this section authorizes the Commissioner to substitute his judgment as to underwriting for that of the insurer. Pending review by the Commission, this section shall not operate to relieve an insured from the obligation to pay any premium when due; however, if the Commission finds that the notice required by this section was not proper, the Commission may order the insurer to pay to the insured any overpayment of premium made by the insured.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"27":{"id":250590,"text":"Every insurer shall maintain for at least one year records of cancellation, refusals to renew, reductions in coverage, and premium increases to which this section applies and copies of every notice or statement required by subsections A, C, F, and L that it sends to any of its insureds.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"28":{"id":250591,"text":"There shall be no liability on the part of and no cause of action of any nature shall arise against (i) the Commissioner of Insurance or his subordinates; (ii) any insurer, its authorized representative, its agents, or its employees; or (iii) any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation, refusal to renew, reduction in coverage, or premium increase, for any statement made by any of them in complying with this section or for providing information pertaining thereto.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"29":{"id":250592,"text":"Notwithstanding anything in this section to the contrary, if an insurer cancels or refuses to renew a policy of medical malpractice insurance as defined in &#xA7; 38.2-2800, or if, as a result of an insurer-initiated increase in premium, the premium increases for a medical malpractice insurance policy by more than 25 percent of the previous policy&#8217;s premium, the insurer shall provide no fewer than 90 days&#8217; notice prior to the renewal effective date, or, if such policy is being cancelled or non-renewed for failure of the insured to discharge when due any of its obligations in connection with the payment of premium for the policy, the effective date of cancellation or refusal to renew shall not be less than 15 days from the date of mailing or delivery of the notice. The increase in the premium shall be the difference between the renewal premium and the premium charged by the insurer at the effective date of the expiring policy.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"30":{"id":250593,"text":"As used in this section, an &#8220;insurer-initiated increase in premium&#8221; means an increase in premium other than one resulting from changes in (i) coverage requested by the insured, (ii) policy limits requested by the insured, (iii) the insured&#8217;s operation or location that result in a change in the classification of the risk, or (iv) the rating exposures including, but not limited to, increases in payroll, receipts, square footage, number of automobiles insured, or number of employees.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":14221,"edition_id":1,"name":"Provisions of a General Nature","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:47:20","date_modified":"2026-06-26 03:47:20","permalink":{"id":213095,"object_type":"structure","relational_id":14221,"identifier":"2","token":"38.2\/2","url":"\/38.2\/2\/","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":84875,"structure_id":14221,"section_number":"38.2-200","catch_line":"General powers of the Commission relative to insurance","url":"\/38.2-200\/","token":"38.2\/2\/38.2-200","metadata":false},{"id":70951,"structure_id":14221,"section_number":"38.2-201","catch_line":"Recommendations by Commission to General Assembly","url":"\/38.2-201\/","token":"38.2\/2\/38.2-201","metadata":false},{"id":71634,"structure_id":14221,"section_number":"38.2-202","catch_line":"Regulation of solicitation of proxies, consents and authorizations","url":"\/38.2-202\/","token":"38.2\/2\/38.2-202","metadata":false},{"id":66056,"structure_id":14221,"section_number":"38.2-203","catch_line":"Management and exclusive agency contracts subject to approval by Commission","url":"\/38.2-203\/","token":"38.2\/2\/38.2-203","metadata":false},{"id":86443,"structure_id":14221,"section_number":"38.2-204","catch_line":"Repealed","url":"\/38.2-204\/","token":"38.2\/2\/38.2-204","metadata":false},{"id":55426,"structure_id":14221,"section_number":"38.2-205.1","catch_line":"Temporary contracts of insurance permitted","url":"\/38.2-205.1\/","token":"38.2\/2\/38.2-205.1","metadata":false},{"id":77907,"structure_id":14221,"section_number":"38.2-206","catch_line":"Corporations as members of mutual insurers","url":"\/38.2-206\/","token":"38.2\/2\/38.2-206","metadata":false},{"id":78608,"structure_id":14221,"section_number":"38.2-207","catch_line":"Enforcement of right of subrogation in name of insured","url":"\/38.2-207\/","token":"38.2\/2\/38.2-207","metadata":false},{"id":66293,"structure_id":14221,"section_number":"38.2-208","catch_line":"Limitation of risks generally","url":"\/38.2-208\/","token":"38.2\/2\/38.2-208","metadata":false},{"id":71333,"structure_id":14221,"section_number":"38.2-209","catch_line":"Award of insured's attorney fees in certain cases","url":"\/38.2-209\/","token":"38.2\/2\/38.2-209","metadata":false},{"id":57078,"structure_id":14221,"section_number":"38.2-210","catch_line":"Loans to officers, directors, etc., prohibited","url":"\/38.2-210\/","token":"38.2\/2\/38.2-210","metadata":false},{"id":75678,"structure_id":14221,"section_number":"38.2-211","catch_line":"Other interests and payments to officers, directors, etc., prohibited","url":"\/38.2-211\/","token":"38.2\/2\/38.2-211","metadata":false},{"id":78879,"structure_id":14221,"section_number":"38.2-212","catch_line":"Certain compensation not prohibited","url":"\/38.2-212\/","token":"38.2\/2\/38.2-212","metadata":false},{"id":85199,"structure_id":14221,"section_number":"38.2-213","catch_line":"Violation of \u00a7 38.2-210 or \u00a7 38.2-211","url":"\/38.2-213\/","token":"38.2\/2\/38.2-213","metadata":false},{"id":74840,"structure_id":14221,"section_number":"38.2-214","catch_line":"Restrictions upon purchase and sale of equity securities of domestic stock insurers","url":"\/38.2-214\/","token":"38.2\/2\/38.2-214","metadata":false},{"id":64172,"structure_id":14221,"section_number":"38.2-215","catch_line":"Liability of president, chief executive officer or directors if insurance issued when insurer insolvent","url":"\/38.2-215\/","token":"38.2\/2\/38.2-215","metadata":false},{"id":66704,"structure_id":14221,"section_number":"38.2-216","catch_line":"Restrictions on removal or transfer of property and on reinsurance; penalty","url":"\/38.2-216\/","token":"38.2\/2\/38.2-216","metadata":false},{"id":81338,"structure_id":14221,"section_number":"38.2-217","catch_line":"When assets may not be distributed among stockholders","url":"\/38.2-217\/","token":"38.2\/2\/38.2-217","metadata":false},{"id":64490,"structure_id":14221,"section_number":"38.2-218","catch_line":"Penalties and restitution payments","url":"\/38.2-218\/","token":"38.2\/2\/38.2-218","metadata":false},{"id":73928,"structure_id":14221,"section_number":"38.2-219","catch_line":"Violations; procedure; cease and desist orders","url":"\/38.2-219\/","token":"38.2\/2\/38.2-219","metadata":false},{"id":63210,"structure_id":14221,"section_number":"38.2-220","catch_line":"Injunctions","url":"\/38.2-220\/","token":"38.2\/2\/38.2-220","metadata":false},{"id":78078,"structure_id":14221,"section_number":"38.2-221","catch_line":"Enforcement of penalties","url":"\/38.2-221\/","token":"38.2\/2\/38.2-221","metadata":false},{"id":86567,"structure_id":14221,"section_number":"38.2-221.1","catch_line":"Confidentiality of information","url":"\/38.2-221.1\/","token":"38.2\/2\/38.2-221.1","metadata":false},{"id":55819,"structure_id":14221,"section_number":"38.2-221.2","catch_line":"Treatment of confidential information pursuant to federal law","url":"\/38.2-221.2\/","token":"38.2\/2\/38.2-221.2","metadata":false},{"id":69354,"structure_id":14221,"section_number":"38.2-221.3","catch_line":"Confidentiality of applications and investigations","url":"\/38.2-221.3\/","token":"38.2\/2\/38.2-221.3","metadata":false},{"id":84985,"structure_id":14221,"section_number":"38.2-222","catch_line":"Appeals generally","url":"\/38.2-222\/","token":"38.2\/2\/38.2-222","metadata":false},{"id":87496,"structure_id":14221,"section_number":"38.2-223","catch_line":"Rules and regulations; orders","url":"\/38.2-223\/","token":"38.2\/2\/38.2-223","metadata":false},{"id":55846,"structure_id":14221,"section_number":"38.2-224","catch_line":"Procedures","url":"\/38.2-224\/","token":"38.2\/2\/38.2-224","metadata":false},{"id":59699,"structure_id":14221,"section_number":"38.2-225","catch_line":"Disposition of fines and penalties","url":"\/38.2-225\/","token":"38.2\/2\/38.2-225","metadata":false},{"id":81892,"structure_id":14221,"section_number":"38.2-226","catch_line":"Provisions of title not to apply to certain mutual aid associations","url":"\/38.2-226\/","token":"38.2\/2\/38.2-226","metadata":false},{"id":66567,"structure_id":14221,"section_number":"38.2-226.1","catch_line":"Expired","url":"\/38.2-226.1\/","token":"38.2\/2\/38.2-226.1","metadata":false},{"id":84770,"structure_id":14221,"section_number":"38.2-226.2","catch_line":"Provisions of title not applicable to certain long-term care health plans","url":"\/38.2-226.2\/","token":"38.2\/2\/38.2-226.2","metadata":false},{"id":84912,"structure_id":14221,"section_number":"38.2-226.3","catch_line":"Expired","url":"\/38.2-226.3\/","token":"38.2\/2\/38.2-226.3","metadata":false},{"id":62181,"structure_id":14221,"section_number":"38.2-227","catch_line":"Public policy regarding punitive damages","url":"\/38.2-227\/","token":"38.2\/2\/38.2-227","metadata":false},{"id":68082,"structure_id":14221,"section_number":"38.2-228","catch_line":"Proof of future financial responsibility","url":"\/38.2-228\/","token":"38.2\/2\/38.2-228","metadata":false},{"id":62523,"structure_id":14221,"section_number":"38.2-229","catch_line":"Immunity from liability","url":"\/38.2-229\/","token":"38.2\/2\/38.2-229","metadata":false},{"id":84512,"structure_id":14221,"section_number":"38.2-230","catch_line":"Distributions by nonstock corporation","url":"\/38.2-230\/","token":"38.2\/2\/38.2-230","metadata":false},{"id":69255,"structure_id":14221,"section_number":"38.2-231","catch_line":"Notice of cancellation, refusal to renew, reduction in coverage or increase in premium of certain liability insurance policies","url":"\/38.2-231\/","token":"38.2\/2\/38.2-231","metadata":false},{"id":82223,"structure_id":14221,"section_number":"38.2-232","catch_line":"Notice of lapse or pending lapse of certain life and accident and sickness insurance policies","url":"\/38.2-232\/","token":"38.2\/2\/38.2-232","metadata":false},{"id":84169,"structure_id":14221,"section_number":"38.2-233","catch_line":"Credit involuntary unemployment insurance; credit property insurance; disclosure and readability","url":"\/38.2-233\/","token":"38.2\/2\/38.2-233","metadata":false},{"id":57202,"structure_id":14221,"section_number":"38.2-234","catch_line":"Release of information","url":"\/38.2-234\/","token":"38.2\/2\/38.2-234","metadata":false},{"id":69385,"structure_id":14221,"section_number":"38.2-235","catch_line":"Liability insurance; carbon monoxide exclusions","url":"\/38.2-235\/","token":"38.2\/2\/38.2-235","metadata":false},{"id":80448,"structure_id":14221,"section_number":"38.2-236","catch_line":"Notice of settlement payment","url":"\/38.2-236\/","token":"38.2\/2\/38.2-236","metadata":false},{"id":83795,"structure_id":14221,"section_number":"38.2-237","catch_line":"Provider complaints","url":"\/38.2-237\/","token":"38.2\/2\/38.2-237","metadata":false}],"previous_section":{"id":84512,"structure_id":14221,"section_number":"38.2-230","catch_line":"Distributions by nonstock corporation","url":"\/38.2-230\/","token":"38.2\/2\/38.2-230","metadata":false},"next_section":{"id":82223,"structure_id":14221,"section_number":"38.2-232","catch_line":"Notice of lapse or pending lapse of certain life and accident and sickness insurance policies","url":"\/38.2-232\/","token":"38.2\/2\/38.2-232","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-231\/","history_text":"<p>This law was first created in 1986. The record of its establishment is cataloged in chapter 376 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 1986 \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 1987, chapter 697; in 1988, chapter 189; in 1989, chapter 728; in 1992, chapter 160; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0237\">237<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0142\">142<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0529\">529<\/a>; in 2003, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0387\">387<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0678\">678<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0290\">290<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0635\">635<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0554\">554<\/a>; in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0058\">58<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0221\">221<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0215\">215<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0013\">13<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0257\">257<\/a>; in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0009\">9<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0443\">443<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0004\">4<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0071\">71<\/a>.<\/p>","references":[{"id":72048,"section_number":"38.2-325","catch_line":"Electronic delivery","order_by":null,"url":"\/38.2-325\/"}],"refers_to":[{"id":66461,"section_number":"13.1-543","catch_line":"Definitions","order_by":null,"url":"\/13.1-543\/"},{"id":83518,"section_number":"13.1-603","catch_line":"Definitions","order_by":null,"url":"\/13.1-603\/"},{"id":65210,"section_number":"13.1-803","catch_line":"Definitions","order_by":null,"url":"\/13.1-803\/"},{"id":73309,"section_number":"38.2-111","catch_line":"Miscellaneous property and casualty","order_by":null,"url":"\/38.2-111\/"},{"id":83683,"section_number":"38.2-117","catch_line":"Personal injury liability","order_by":null,"url":"\/38.2-117\/"},{"id":58741,"section_number":"38.2-118","catch_line":"Property damage liability","order_by":null,"url":"\/38.2-118\/"},{"id":66976,"section_number":"38.2-124","catch_line":"Motor vehicle","order_by":null,"url":"\/38.2-124\/"},{"id":86657,"section_number":"38.2-1903.1","catch_line":"Exemptions of large commercial risks","order_by":null,"url":"\/38.2-1903.1\/"},{"id":77322,"section_number":"38.2-1912","catch_line":"Delayed effect of rates; certification of reinsurance with affiliated company","order_by":null,"url":"\/38.2-1912\/"},{"id":87324,"section_number":"38.2-2800","catch_line":"Definitions","order_by":null,"url":"\/38.2-2800\/"},{"id":72176,"section_number":"38.2-311","catch_line":"Type size in which conditions and restrictions to be printed","order_by":null,"url":"\/38.2-311\/"}],"permalink":{"id":213245,"object_type":"law","relational_id":69255,"identifier":"38.2-231","token":"38.2\/2\/38.2-231","url":"\/38.2-231\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-231\/","token":"38.2\/2\/38.2-231","dublin_core":{"Title":"Notice of cancellation, refusal to renew, reduction in coverage or increase in premium of certain liability insurance policies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-231","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> 1. No cancellation or refusal to renew by an <span class=\"dictionary\">insurer<\/span> of (i) a policy of insurance as defined in \u00a7&nbsp;<a class=\"law\" title=\"Personal injury liability\" href=\"\/38.2-117\/\">38.2-117<\/a> or <a class=\"law\" title=\"Property damage liability\" href=\"\/38.2-118\/\">38.2-118<\/a> insuring a <span class=\"dictionary\">business entity<\/span>; (ii) a policy of insurance that includes as a part thereof insurance as defined in \u00a7&nbsp;<a class=\"law\" title=\"Personal injury liability\" href=\"\/38.2-117\/\">38.2-117<\/a> or <a class=\"law\" title=\"Property damage liability\" href=\"\/38.2-118\/\">38.2-118<\/a> insuring a <span class=\"dictionary\">business entity<\/span>; (iii) a <span class=\"dictionary\">policy of motor vehicle insurance<\/span> against legal liability of the insured as defined in \u00a7&nbsp;<a class=\"law\" title=\"Motor vehicle\" href=\"\/38.2-124\/\">38.2-124<\/a> insuring a <span class=\"dictionary\">business entity<\/span>; or (iv) a policy of miscellaneous casualty insurance as defined in subsection B of \u00a7&nbsp;<a class=\"law\" title=\"Miscellaneous property and casualty\" href=\"\/38.2-111\/\">38.2-111<\/a> insuring a <span class=\"dictionary\">business entity<\/span> shall be effective unless the <span class=\"dictionary\">insurer<\/span> delivers or mails to the first named insured at the address shown on the policy a written notice of cancellation or refusal to renew, or delivers such notice electronically to the address provided by the first named insured. Such notice shall:\n\t\t\ta. Be in a type size authorized under \u00a7&nbsp;<a class=\"law\" title=\"Type size in which conditions and restrictions to be printed\" href=\"\/38.2-311\/\">38.2-311<\/a>;\n\t\t\tb. <span class=\"dictionary\">State<\/span> the date, which shall not be less than 45 days after the delivery or mailing of the notice of cancellation or refusal to renew, on which such cancellation or refusal to renew shall become effective, except that such effective date may not be less than 15 days from the date of mailing or delivery when the policy is being cancelled or not renewed for failure of the insured to discharge when due any of its obligations in connection with the payment of premium for the policy;\n\t\t\tc. <span class=\"dictionary\">State<\/span> the specific reason or reasons of the <span class=\"dictionary\">insurer<\/span> for cancellation or refusal to renew;\n\t\t\td. Advise the first named insured of its right to request in writing, within 15 days of the receipt of the notice, that the <span class=\"dictionary\">Commissioner of Insurance<\/span> review the action of the <span class=\"dictionary\">insurer<\/span>; and\n\t\t\te. In the case of a <span class=\"dictionary\">policy of motor vehicle insurance<\/span>, inform the first named insured of the possible availability of other insurance which may be obtained through its agent, through another <span class=\"dictionary\">insurer<\/span>, or through the Virginia Automobile Insurance Plan. <a id=\"paragraph-250563\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Nothing in this subsection shall apply to any policy of insurance if the named insured or his duly constituted <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span> has notified orally, or in writing, if the <span class=\"dictionary\">insurer<\/span> requires such notification to be in writing, the <span class=\"dictionary\">insurer<\/span> or its agent 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 <span class=\"dictionary\">insurer<\/span> to renew the policy. <a id=\"paragraph-250564\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Nothing in this subsection shall apply if an affiliated <span class=\"dictionary\">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 <span class=\"dictionary\">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 <span class=\"dictionary\">insurer<\/span>, an offer of renewal shall not be required of the <span class=\"dictionary\">insurer<\/span> of the expiring policy, and the policy issued by the affiliated <span class=\"dictionary\">insurer<\/span> shall be deemed to be a renewal policy. <a id=\"paragraph-250565\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No <span class=\"dictionary\">insurer<\/span> shall cancel or refuse to renew a <span class=\"dictionary\">policy of motor vehicle insurance<\/span> against legal liability of the insured as defined in &#xA7; <a class=\"law\" title=\"Motor vehicle\" href=\"\/38.2-124\/\">38.2-124<\/a> insuring a <span class=\"dictionary\">business entity<\/span> solely because of lack of supporting business or lack of the potential for acquiring such business. <a id=\"paragraph-250566\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No <span class=\"dictionary\">reduction in coverage<\/span> for personal injury or property damage liability initiated by an <span class=\"dictionary\">insurer<\/span> and no <span class=\"dictionary\">insurer<\/span>-initiated increase in the premium greater than 25 percent of (i) a policy of insurance defined in \u00a7&nbsp;<a class=\"law\" title=\"Personal injury liability\" href=\"\/38.2-117\/\">38.2-117<\/a> or <a class=\"law\" title=\"Property damage liability\" href=\"\/38.2-118\/\">38.2-118<\/a> insuring a <span class=\"dictionary\">business entity<\/span>; (ii) a policy of insurance that includes as a part thereof insurance defined in \u00a7&nbsp;<a class=\"law\" title=\"Personal injury liability\" href=\"\/38.2-117\/\">38.2-117<\/a> or <a class=\"law\" title=\"Property damage liability\" href=\"\/38.2-118\/\">38.2-118<\/a> insuring a <span class=\"dictionary\">business entity<\/span>; (iii) a <span class=\"dictionary\">policy of motor vehicle insurance<\/span> against legal liability of the insured as defined in \u00a7&nbsp;<a class=\"law\" title=\"Motor vehicle\" href=\"\/38.2-124\/\">38.2-124<\/a> insuring a <span class=\"dictionary\">business entity<\/span>; or (iv) a policy of miscellaneous casualty insurance as defined in subsection B of \u00a7&nbsp;<a class=\"law\" title=\"Miscellaneous property and casualty\" href=\"\/38.2-111\/\">38.2-111<\/a> insuring a <span class=\"dictionary\">business entity<\/span>, and which in the case of a <span class=\"dictionary\">reduction in coverage<\/span> is subject to \u00a7&nbsp;<a class=\"law\" title=\"Delayed effect of rates; certification of reinsurance with affiliated company\" href=\"\/38.2-1912\/\">38.2-1912<\/a>, shall be effective unless the <span class=\"dictionary\">insurer<\/span> delivers or mails to the first named insured at the address shown on the policy, or delivers electronically to the address provided by the first named insured, a written notice of such <span class=\"dictionary\">reduction in coverage<\/span> or premium increase not later than 45 days prior to the effective date of same. The increase in premium shall be the difference between the renewal premium and the premium charged by the <span class=\"dictionary\">insurer<\/span> at the effective date of the expiring policy. Such notice shall: <a id=\"paragraph-250567\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Be in a type size authorized under &#xA7; <a class=\"law\" title=\"Type size in which conditions and restrictions to be printed\" href=\"\/38.2-311\/\">38.2-311<\/a>; <a id=\"paragraph-250568\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> <span class=\"dictionary\">State<\/span> the date, which shall not be less than 45 days after the delivery or mailing of the notice of <span class=\"dictionary\">reduction in coverage<\/span> or increase in premium, on which such <span class=\"dictionary\">reduction in coverage<\/span> or increase in premium shall become effective; <a id=\"paragraph-250569\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Advise the first named insured of the specific reason for the increase and the amount of the increase, or, if in the case of a <span class=\"dictionary\">reduction in coverage<\/span>, the specific reason for the reduction and the manner in which coverage will be reduced, or that such information may be obtained from the agent or the <span class=\"dictionary\">insurer<\/span>; <a id=\"paragraph-250570\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Advise the first named insured of its right to request in writing, within 15 days of receipt of the notice, that the <span class=\"dictionary\">Commissioner of Insurance<\/span> review the action of the <span class=\"dictionary\">insurer<\/span>. <a id=\"paragraph-250571\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#C4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If an <span class=\"dictionary\">insurer<\/span> does not provide notice in the manner required in subsection C, coverage shall remain in effect until 45 days after written notice of <span class=\"dictionary\">reduction in coverage<\/span> or increase in premium is mailed or delivered to the first named insured at the address shown on the policy, or delivered electronically to the address provided by the first named insured, unless the named insured obtains replacement coverage or elects to cancel sooner in either of which cases coverage under the prior policy shall cease on the effective date of the replacement coverage or the elected date of cancellation as the case may be. If the named insured fails to accept or rejects the changed policy, coverage for any period that extends beyond the expiration date will be under the prior policy&#8217;s <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span>, terms and conditions as applied against the renewal policy&#8217;s limits, rating exposures, and additional coverages. If the named insured accepts the changed policy, the <span class=\"dictionary\">reduction in coverage<\/span> or increase in premium shall take effect upon the expiration of the prior policy. <a id=\"paragraph-250572\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Notice of <span class=\"dictionary\">reduction in coverage<\/span> or increase in premium shall not be required if: <a id=\"paragraph-250573\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">insurer<\/span>, after written demand, has not received, within 45 days after such demand has been mailed or delivered to the first named insured at the address shown on the policy, or delivered electronically to the address provided by the first named insured, sufficient information from the named insured to provide the required notice; <a id=\"paragraph-250574\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Such notice is waived in writing by the named insured; <a id=\"paragraph-250575\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">insurer<\/span> delivers or mails to the first named insured a renewal policy or a renewal offer not less than 45 days prior to the effective date of the policy or, in the case of a medical malpractice insurance policy, not less than 90 days prior to the effective date of the policy; <a id=\"paragraph-250576\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The policy is issued to a large commercial risk as defined in subsection C of &#xA7; <a class=\"law\" title=\"Exemptions of large commercial risks\" href=\"\/38.2-1903.1\/\">38.2-1903.1<\/a> but excluding policies of medical malpractice insurance; or <a id=\"paragraph-250577\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#E4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The policy is retrospectively rated, where the premium is adjusted at the end of the policy period to reflect the risk&#8217;s actual loss experience. <a id=\"paragraph-250578\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#E5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> No written notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or increase in premium that is mailed or delivered electronically by an <span class=\"dictionary\">insurer<\/span> to a first named insured in accordance with this section shall be effective unless the <span class=\"dictionary\">insurer<\/span> complies with the applicable provisions of subdivisions 1 through 4: <a id=\"paragraph-250579\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> If the notice is mailed, proof of mailing a notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or increase in premium shall be obtained using one of the following methods that demonstrates the date that the notice was sent to the first named insured at the address stated in the policy or to such insured&#8217;s last known address:\n\t\t\t\ta. The notice is sent by: <a id=\"paragraph-250580\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F11\" class=\"indent-2\"><p><span class=\"prefix-number\">1.<\/span> Registered mail; <a id=\"paragraph-250581\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#F11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F12\" class=\"indent-2\"><p><span class=\"prefix-number\">2.<\/span> Certified mail; or <a id=\"paragraph-250582\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#F12\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F13\" class=\"indent-2\"><p><span class=\"prefix-number\">3.<\/span> Any other similar first-class mail tracking method used or approved by the United <span class=\"dictionary\">States<\/span> Postal Service, including Intelligent Mail barcode Tracing (IMb Tracing); or\n\t\t\t\t\tb. The notice is sent by another method of mailing for which a certificate of mailing is obtained from the United <span class=\"dictionary\">States<\/span> Postal Service at the time the notice is accepted for mailing. A certificate of mailing from the United <span class=\"dictionary\">States<\/span> Postal Service does not include a certificate of bulk mailing. <a id=\"paragraph-250583\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#F13\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If the notice is delivered electronically, the <span class=\"dictionary\">insurer<\/span> retains <span class=\"dictionary\">evidence<\/span> of electronic transmittal or receipt of the notification for at least one year from the date of the transmittal. <a id=\"paragraph-250584\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> If the notice is mailed, the <span class=\"dictionary\">insurer<\/span> retains a copy of the notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or increase in premium for at least one year from the date such action was effective. If the notice is mailed, proof of mailing from the United <span class=\"dictionary\">States<\/span> Postal Service consistent with the mailing method utilized by the <span class=\"dictionary\">insurer<\/span> shall be maintained for one year from the date the cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or increase in premium is effective. <a id=\"paragraph-250585\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#F3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> a. If the terms of a <span class=\"dictionary\">policy of motor vehicle insurance<\/span> insuring a <span class=\"dictionary\">business entity<\/span> require the notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or increase in premium to be given to any lienholder, then the <span class=\"dictionary\">insurer<\/span> shall mail such notice and retain a copy of the notice in the manner required by this subsection. If the notices sent to the first named insured and the lienholder are part of the same form, the <span class=\"dictionary\">insurer<\/span> may retain a single copy of the notice. Proof of mailing from the United <span class=\"dictionary\">States<\/span> Postal Service consistent with the mailing method utilized by the <span class=\"dictionary\">insurer<\/span> shall be maintained for one year from the date the cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or increase in premium is effective.\n\t\t\t\tb. Notwithstanding the provisions of subdivision 4 a, if the terms of the policy require the notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or increase in premium to be given to any lienholder, the <span class=\"dictionary\">insurer<\/span> and lienholder may agree by separate agreement that such notices may be transmitted electronically, provided that the <span class=\"dictionary\">insurer<\/span> and lienholder agree upon the specifics for transmittal and acknowledgment of notification. <span class=\"dictionary\">Evidence<\/span> of transmittal or receipt of the notification required by this subsection shall be retained by the <span class=\"dictionary\">insurer<\/span> for at least one year from the date of termination.\n\t\t\t\t&#8220;Copy,&#8221; as used in this subsection, includes photographs, microphotographs, photostats, microfilm, microcard, printouts, or other reproductions of electronically stored data or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process that forms a durable medium for its recording, storing, and reproducing. <a id=\"paragraph-250586\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#F4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Nothing in this section shall prohibit any <span class=\"dictionary\">insurer<\/span> or agent from including in a notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or premium increase any additional <span class=\"dictionary\">disclosure statements<\/span> required by <span class=\"dictionary\">state<\/span> or federal <span class=\"dictionary\">laws<\/span>. <a id=\"paragraph-250587\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> For the purpose of this section, the terms (i) &#8220;<span class=\"dictionary\">business entity<\/span>&#8221; shall mean an entity as defined by subsection A of &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/13.1-543\/\">13.1-543<\/a>, &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/13.1-603\/\">13.1-603<\/a> or <a class=\"law\" title=\"Definitions\" href=\"\/13.1-803\/\">13.1-803<\/a> and shall include an individual, a partnership, an unincorporated association, the Commonwealth, a county, city, town, or an authority, board, <span class=\"dictionary\">commission<\/span>, sanitation, soil and water, planning or other district, public service corporation owned, operated or controlled by the Commonwealth, a locality or other local governmental authority; (ii) &#8220;<span class=\"dictionary\">policy of motor vehicle insurance<\/span>&#8221; shall mean a policy or <span class=\"dictionary\">contract<\/span> for bodily injury or property damage liability insuring a <span class=\"dictionary\">business entity<\/span> issued or delivered in this Commonwealth covering liability arising from the ownership, maintenance, or use of any motor vehicle, but does not include (a) any policy issued through the Virginia Automobile Insurance Plan, (b) any policy providing insurance only on an excess basis, or (c) any other <span class=\"dictionary\">contract<\/span> providing insurance to the named insured even though the <span class=\"dictionary\">contract<\/span> may incidentally provide insurance on motor vehicles; and (iii) &#8220;<span class=\"dictionary\">reduction in coverage<\/span>&#8221; shall mean, but not be limited to, any diminution in scope of coverage, decrease in limits of liability, addition of exclusions, increase in deductibles, or reduction in the policy term or duration except a <span class=\"dictionary\">reduction in coverage<\/span> filed with and approved by the <span class=\"dictionary\">Commission<\/span> and applicable to an entire line, classification or subclassification of insurance. <a id=\"paragraph-250588\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> Within 15 days of receipt of the notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or increase in premium, the named insured shall be entitled to request in writing to the Commissioner that he review the action of the <span class=\"dictionary\">insurer<\/span>. Upon receipt of the request, the Commissioner shall promptly begin a review to determine whether the <span class=\"dictionary\">insurer<\/span>&#8217;s notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or premium increase complies with the requirements of this section. Where the Commissioner finds from the review that the notice of cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or premium increase does not comply with the requirements of this section, he shall immediately notify the <span class=\"dictionary\">insurer<\/span>, the named insured and any other <span class=\"dictionary\">person<\/span> to whom such notice was required to be given by the terms of the policy that such notice is not effective. Nothing in this section authorizes the Commissioner to substitute his <span class=\"dictionary\">judgment<\/span> as to underwriting for that of the <span class=\"dictionary\">insurer<\/span>. Pending review by the <span class=\"dictionary\">Commission<\/span>, this section shall not operate to relieve an insured from the obligation to pay any premium when due; however, if the <span class=\"dictionary\">Commission<\/span> finds that the notice required by this section was not proper, the <span class=\"dictionary\">Commission<\/span> may <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">insurer<\/span> to pay to the insured any overpayment of premium made by the insured. <a id=\"paragraph-250589\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> Every <span class=\"dictionary\">insurer<\/span> shall maintain for at least one year records of cancellation, refusals to renew, reductions in coverage, and premium increases to which this section applies and copies of every notice or statement required by subsections A, C, F, and L that it sends to any of its insureds. <a id=\"paragraph-250590\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K\"><p><span class=\"prefix-number\">K.<\/span> There shall be no liability on the part of and no <span class=\"dictionary\">cause of action<\/span> of any nature shall arise against (i) the <span class=\"dictionary\">Commissioner of Insurance<\/span> or his subordinates; (ii) any <span class=\"dictionary\">insurer<\/span>, its authorized representative, its agents, or its employees; or (iii) any firm, <span class=\"dictionary\">person<\/span>, or corporation furnishing to the <span class=\"dictionary\">insurer<\/span> information as to reasons for cancellation, refusal to renew, <span class=\"dictionary\">reduction in coverage<\/span>, or premium increase, for any statement made by any of them in complying with this section or for providing information pertaining thereto. <a id=\"paragraph-250591\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#K\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"L\"><p><span class=\"prefix-number\">L.<\/span> Notwithstanding anything in this section to the contrary, if an <span class=\"dictionary\">insurer<\/span> cancels or refuses to renew a policy of medical malpractice insurance as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/38.2-2800\/\">38.2-2800<\/a>, or if, as a result of an <span class=\"dictionary\"><span class=\"dictionary\">insurer<\/span>-initiated increase in premium<\/span>, the premium increases for a medical malpractice insurance policy by more than 25 percent of the previous policy&#8217;s premium, the <span class=\"dictionary\">insurer<\/span> shall provide no fewer than 90 days&#8217; notice prior to the renewal effective date, or, if such policy is being cancelled or non-renewed for failure of the insured to discharge when due any of its obligations in connection with the payment of premium for the policy, the effective date of cancellation or refusal to renew shall not be less than 15 days from the date of mailing or delivery of the notice. The increase in the premium shall be the difference between the renewal premium and the premium charged by the <span class=\"dictionary\">insurer<\/span> at the effective date of the expiring policy. <a id=\"paragraph-250592\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#L\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"M\"><p><span class=\"prefix-number\">M.<\/span> As used in this section, an &#8220;<span class=\"dictionary\"><span class=\"dictionary\">insurer<\/span>-initiated increase in premium<\/span>&#8221; means an increase in premium other than one resulting from changes in (i) coverage requested by the insured, (ii) policy limits requested by the insured, (iii) the insured&#8217;s operation or location that result in a change in the classification of the risk, or (iv) the rating exposures including, but not limited to, increases in payroll, receipts, square footage, number of automobiles insured, or number of employees. <a id=\"paragraph-250593\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-231\/#M\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nNOTICE OF CANCELLATION, REFUSAL TO RENEW, REDUCTION IN COVERAGE OR INCREASE IN\nPREMIUM OF CERTAIN LIABILITY INSURANCE POLICIES (\u00a7 38.2-231)\n\nA. 1. No cancellation or refusal to renew by an insurer of (i) a policy of\ninsurance as defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity; (ii)\na policy of insurance that includes as a part thereof insurance as defined in \u00a7\n38.2-117 or 38.2-118 insuring a business entity; (iii) a policy of motor vehicle\ninsurance against legal liability of the insured as defined in \u00a7 38.2-124\ninsuring a business entity; or (iv) a policy of miscellaneous casualty insurance\nas defined in subsection B of \u00a7 38.2-111 insuring a business entity shall be\neffective unless the insurer delivers or mails to the first named insured at the\naddress shown on the policy a written notice of cancellation or refusal to\nrenew, or delivers such notice electronically to the address provided by the\nfirst named insured. Such notice shall:\n\t\t\ta. Be in a type size authorized under \u00a7 38.2-311;\n\t\t\tb. State the date, which shall not be less than 45 days after the delivery or\nmailing of the notice of cancellation or refusal to renew, on which such\ncancellation or refusal to renew shall become effective, except that such\neffective date may not be less than 15 days from the date of mailing or delivery\nwhen the policy is being cancelled or not renewed for failure of the insured to\ndischarge when due any of its obligations in connection with the payment of\npremium for the policy;\n\t\t\tc. State the specific reason or reasons of the insurer for cancellation or\nrefusal to renew;\n\t\t\td. Advise the first named insured of its right to request in writing, within\n15 days of the receipt of the notice, that the Commissioner of Insurance review\nthe action of the insurer; and\n\t\t\te. In the case of a policy of motor vehicle insurance, inform the first named\ninsured of the possible availability of other insurance which may be obtained\nthrough its agent, through another insurer, or through the Virginia Automobile\nInsurance Plan.\n\n   2. Nothing in this subsection shall apply to any policy of insurance if the\n   named insured or his duly constituted attorney-in-fact has notified orally, or\n   in writing, if the insurer requires such notification to be in writing, the\n   insurer or its agent that he wishes the policy to be canceled or that he does\n   not wish the policy to be renewed, or if, prior to the date of expiration, he\n   fails to accept the offer of the insurer to renew the policy.\n\n   3. Nothing in this subsection shall apply if an affiliated insurer has\n   manifested its willingness to provide coverage at a lower premium than would\n   have been charged for the same exposures on the expiring policy. The\n   affiliated insurer shall manifest its willingness to provide coverage by\n   issuing a policy with the types and limits of coverage at least equal to those\n   contained in the expiring policy unless the named insured has requested a\n   change in coverage or limits. When such offer is made by an affiliated\n   insurer, an offer of renewal shall not be required of the insurer of the\n   expiring policy, and the policy issued by the affiliated insurer shall be\n   deemed to be a renewal policy.\n\nB. No insurer shall cancel or refuse to renew a policy of motor vehicle\ninsurance against legal liability of the insured as defined in &#xA7; 38.2-124\ninsuring a business entity solely because of lack of supporting business or lack\nof the potential for acquiring such business.\n\nC. No reduction in coverage for personal injury or property damage liability\ninitiated by an insurer and no insurer-initiated increase in the premium greater\nthan 25 percent of (i) a policy of insurance defined in \u00a7 38.2-117 or 38.2-118\ninsuring a business entity; (ii) a policy of insurance that includes as a part\nthereof insurance defined in \u00a7 38.2-117 or 38.2-118 insuring a business entity;\n(iii) a policy of motor vehicle insurance against legal liability of the insured\nas defined in \u00a7 38.2-124 insuring a business entity; or (iv) a policy of\nmiscellaneous casualty insurance as defined in subsection B of \u00a7 38.2-111\ninsuring a business entity, and which in the case of a reduction in coverage is\nsubject to \u00a7 38.2-1912, shall be effective unless the insurer delivers or mails\nto the first named insured at the address shown on the policy, or delivers\nelectronically to the address provided by the first named insured, a written\nnotice of such reduction in coverage or premium increase not later than 45 days\nprior to the effective date of same. The increase in premium shall be the\ndifference between the renewal premium and the premium charged by the insurer at\nthe effective date of the expiring policy. Such notice shall:\n\n   1. Be in a type size authorized under &#xA7; 38.2-311;\n\n   2. State the date, which shall not be less than 45 days after the delivery or\n   mailing of the notice of reduction in coverage or increase in premium, on\n   which such reduction in coverage or increase in premium shall become\n   effective;\n\n   3. Advise the first named insured of the specific reason for the increase and\n   the amount of the increase, or, if in the case of a reduction in coverage, the\n   specific reason for the reduction and the manner in which coverage will be\n   reduced, or that such information may be obtained from the agent or the\n   insurer;\n\n   4. Advise the first named insured of its right to request in writing, within\n   15 days of receipt of the notice, that the Commissioner of Insurance review\n   the action of the insurer.\n\nD. If an insurer does not provide notice in the manner required in subsection C,\ncoverage shall remain in effect until 45 days after written notice of reduction\nin coverage or increase in premium is mailed or delivered to the first named\ninsured at the address shown on the policy, or delivered electronically to the\naddress provided by the first named insured, unless the named insured obtains\nreplacement coverage or elects to cancel sooner in either of which cases\ncoverage under the prior policy shall cease on the effective date of the\nreplacement coverage or the elected date of cancellation as the case may be. If\nthe named insured fails to accept or rejects the changed policy, coverage for\nany period that extends beyond the expiration date will be under the prior\npolicy&#8217;s rates, terms and conditions as applied against the renewal\npolicy&#8217;s limits, rating exposures, and additional coverages. If the named\ninsured accepts the changed policy, the reduction in coverage or increase in\npremium shall take effect upon the expiration of the prior policy.\n\nE. Notice of reduction in coverage or increase in premium shall not be required\nif:\n\n   1. The insurer, after written demand, has not received, within 45 days after\n   such demand has been mailed or delivered to the first named insured at the\n   address shown on the policy, or delivered electronically to the address\n   provided by the first named insured, sufficient information from the named\n   insured to provide the required notice;\n\n   2. Such notice is waived in writing by the named insured;\n\n   3. The insurer delivers or mails to the first named insured a renewal policy\n   or a renewal offer not less than 45 days prior to the effective date of the\n   policy or, in the case of a medical malpractice insurance policy, not less\n   than 90 days prior to the effective date of the policy;\n\n   4. The policy is issued to a large commercial risk as defined in subsection C\n   of &#xA7; 38.2-1903.1 but excluding policies of medical malpractice insurance;\n   or\n\n   5. The policy is retrospectively rated, where the premium is adjusted at the\n   end of the policy period to reflect the risk&#8217;s actual loss experience.\n\nF. No written notice of cancellation, refusal to renew, reduction in coverage,\nor increase in premium that is mailed or delivered electronically by an insurer\nto a first named insured in accordance with this section shall be effective\nunless the insurer complies with the applicable provisions of subdivisions 1\nthrough 4:\n\n   1. If the notice is mailed, proof of mailing a notice of cancellation, refusal\n   to renew, reduction in coverage, or increase in premium shall be obtained\n   using one of the following methods that demonstrates the date that the notice\n   was sent to the first named insured at the address stated in the policy or to\n   such insured&#8217;s last known address:\n   \t\t\t\ta. The notice is sent by:\n\n      1. Registered mail;\n\n      2. Certified mail; or\n\n      3. Any other similar first-class mail tracking method used or approved by\n      the United States Postal Service, including Intelligent Mail barcode Tracing\n      (IMb Tracing); or\n      \t\t\t\t\tb. The notice is sent by another method of mailing for which a\n      certificate of mailing is obtained from the United States Postal Service at\n      the time the notice is accepted for mailing. A certificate of mailing from\n      the United States Postal Service does not include a certificate of bulk\n      mailing.\n\n   2. If the notice is delivered electronically, the insurer retains evidence of\n   electronic transmittal or receipt of the notification for at least one year\n   from the date of the transmittal.\n\n   3. If the notice is mailed, the insurer retains a copy of the notice of\n   cancellation, refusal to renew, reduction in coverage, or increase in premium\n   for at least one year from the date such action was effective. If the notice\n   is mailed, proof of mailing from the United States Postal Service consistent\n   with the mailing method utilized by the insurer shall be maintained for one\n   year from the date the cancellation, refusal to renew, reduction in coverage,\n   or increase in premium is effective.\n\n   4. a. If the terms of a policy of motor vehicle insurance insuring a business\n   entity require the notice of cancellation, refusal to renew, reduction in\n   coverage, or increase in premium to be given to any lienholder, then the\n   insurer shall mail such notice and retain a copy of the notice in the manner\n   required by this subsection. If the notices sent to the first named insured\n   and the lienholder are part of the same form, the insurer may retain a single\n   copy of the notice. Proof of mailing from the United States Postal Service\n   consistent with the mailing method utilized by the insurer shall be maintained\n   for one year from the date the cancellation, refusal to renew, reduction in\n   coverage, or increase in premium is effective.\n   \t\t\t\tb. Notwithstanding the provisions of subdivision 4 a, if the terms of the\n   policy require the notice of cancellation, refusal to renew, reduction in\n   coverage, or increase in premium to be given to any lienholder, the insurer\n   and lienholder may agree by separate agreement that such notices may be\n   transmitted electronically, provided that the insurer and lienholder agree\n   upon the specifics for transmittal and acknowledgment of notification.\n   Evidence of transmittal or receipt of the notification required by this\n   subsection shall be retained by the insurer for at least one year from the\n   date of termination.\n   \t\t\t\t&#8220;Copy,&#8221; as used in this subsection, includes photographs,\n   microphotographs, photostats, microfilm, microcard, printouts, or other\n   reproductions of electronically stored data or copies from optical disks,\n   electronically transmitted facsimiles, or any other reproduction of an\n   original from a process that forms a durable medium for its recording,\n   storing, and reproducing.\n\nG. Nothing in this section shall prohibit any insurer or agent from including in\na notice of cancellation, refusal to renew, reduction in coverage, or premium\nincrease any additional disclosure statements required by state or federal laws.\n\nH. For the purpose of this section, the terms (i) &#8220;business entity&#8221;\nshall mean an entity as defined by subsection A of &#xA7; 13.1-543, &#xA7;\n13.1-603 or 13.1-803 and shall include an individual, a partnership, an\nunincorporated association, the Commonwealth, a county, city, town, or an\nauthority, board, commission, sanitation, soil and water, planning or other\ndistrict, public service corporation owned, operated or controlled by the\nCommonwealth, a locality or other local governmental authority; (ii)\n&#8220;policy of motor vehicle insurance&#8221; shall mean a policy or contract\nfor bodily injury or property damage liability insuring a business entity issued\nor delivered in this Commonwealth covering liability arising from the ownership,\nmaintenance, or use of any motor vehicle, but does not include (a) any policy\nissued through the Virginia Automobile Insurance Plan, (b) any policy providing\ninsurance only on an excess basis, or (c) any other contract providing insurance\nto the named insured even though the contract may incidentally provide insurance\non motor vehicles; and (iii) &#8220;reduction in coverage&#8221; shall mean, but\nnot be limited to, any diminution in scope of coverage, decrease in limits of\nliability, addition of exclusions, increase in deductibles, or reduction in the\npolicy term or duration except a reduction in coverage filed with and approved\nby the Commission and applicable to an entire line, classification or\nsubclassification of insurance.\n\nI. Within 15 days of receipt of the notice of cancellation, refusal to renew,\nreduction in coverage, or increase in premium, the named insured shall be\nentitled to request in writing to the Commissioner that he review the action of\nthe insurer. Upon receipt of the request, the Commissioner shall promptly begin\na review to determine whether the insurer&#8217;s notice of cancellation,\nrefusal to renew, reduction in coverage, or premium increase complies with the\nrequirements of this section. Where the Commissioner finds from the review that\nthe notice of cancellation, refusal to renew, reduction in coverage, or premium\nincrease does not comply with the requirements of this section, he shall\nimmediately notify the insurer, the named insured and any other person to whom\nsuch notice was required to be given by the terms of the policy that such notice\nis not effective. Nothing in this section authorizes the Commissioner to\nsubstitute his judgment as to underwriting for that of the insurer. Pending\nreview by the Commission, this section shall not operate to relieve an insured\nfrom the obligation to pay any premium when due; however, if the Commission\nfinds that the notice required by this section was not proper, the Commission\nmay order the insurer to pay to the insured any overpayment of premium made by\nthe insured.\n\nJ. Every insurer shall maintain for at least one year records of cancellation,\nrefusals to renew, reductions in coverage, and premium increases to which this\nsection applies and copies of every notice or statement required by subsections\nA, C, F, and L that it sends to any of its insureds.\n\nK. There shall be no liability on the part of and no cause of action of any\nnature shall arise against (i) the Commissioner of Insurance or his\nsubordinates; (ii) any insurer, its authorized representative, its agents, or\nits employees; or (iii) any firm, person, or corporation furnishing to the\ninsurer information as to reasons for cancellation, refusal to renew, reduction\nin coverage, or premium increase, for any statement made by any of them in\ncomplying with this section or for providing information pertaining thereto.\n\nL. Notwithstanding anything in this section to the contrary, if an insurer\ncancels or refuses to renew a policy of medical malpractice insurance as defined\nin &#xA7; 38.2-2800, or if, as a result of an insurer-initiated increase in\npremium, the premium increases for a medical malpractice insurance policy by\nmore than 25 percent of the previous policy&#8217;s premium, the insurer shall\nprovide no fewer than 90 days&#8217; notice prior to the renewal effective date,\nor, if such policy is being cancelled or non-renewed for failure of the insured\nto discharge when due any of its obligations in connection with the payment of\npremium for the policy, the effective date of cancellation or refusal to renew\nshall not be less than 15 days from the date of mailing or delivery of the\nnotice. The increase in the premium shall be the difference between the renewal\npremium and the premium charged by the insurer at the effective date of the\nexpiring policy.\n\nM. As used in this section, an &#8220;insurer-initiated increase in\npremium&#8221; means an increase in premium other than one resulting from\nchanges in (i) coverage requested by the insured, (ii) policy limits requested\nby the insured, (iii) the insured&#8217;s operation or location that result in a\nchange in the classification of the risk, or (iv) the rating exposures\nincluding, but not limited to, increases in payroll, receipts, square footage,\nnumber of automobiles insured, or number of employees.\n\nHISTORY: 1986, c. 376, \u00a7 38.1-43.01; 1987, c. 697; 1988, c. 189; 1989, c. 728;\n1992, c. 160; 1996, c. 237; 1998, c. 142; 2000, c. 529; 2003, cc. 387, 678;\n2005, cc. 290, 635; 2006, c. 554; 2008, cc. 58, 221; 2009, c. 215; 2013, cc. 13,\n257; 2015, cc. 9, 443; 2016, cc. 4, 71.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}