{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2608.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2608.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2608.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2608.html"}],"law_id":74863,"edition_id":1,"section_id":74863,"structure_id":12840,"section_number":"38.2-2608","catch_line":"Home protection contracts; filing; form and contents; application or agreement to purchase; regulation of rates and charges","history":"1981, c. 530, \u00a7 38.1-938; 1984, c. 640; 1986, c. 562.","full_text":"A\n\nNo home protection contract shall be issued or used in this Commonwealth unless it has been filed with and approved by the Commission.B\n\nNo home protection contract shall be issued in this Commonwealth unless it:1\n\nIs written in simple and readable words with common meanings and is understandable without special insurance knowledge or training;2\n\nSpecifically sets forth:\n\t\t\t\ta. The services to be performed by the home protection company and the terms and conditions of the performance;\n\t\t\t\tb. Any service fee or deductible amount applicable per claim or per occurrence;\n\t\t\t\tc. Each of the systems, appliances, and structural components covered by the contract;\n\t\t\t\td. All exclusions and limitations respecting the extent of coverage;\n\t\t\t\te. The period during which the contract will remain in effect and the cancellation provision;\n\t\t\t\tf. All limitations regarding the performance of services, including any restrictions as to the time periods when services will be performed;3\n\nProvides for the initiation of covered services contracted for upon telephonic request without first requiring the filing of written claim forms or written applications; and4\n\nProvides for the initiation of covered services contracted for by or under the direction of the home protection company within seventy-two hours of the request for the service by the contract holder, and provides for the completion of the services as soon as reasonably possible. For malfunctions of furnace or heating systems during the winter months, the contract must provide for the initiation of services immediately.C\n\nEvery application for or agreement to purchase a home protection contract shall include a statement that the purchase of the contract is not mandatory and may be waived, and shall include a statement of the premium.D\n\n1. Chapter 20 (\u00a7 38.2-2000 et seq.) of this title shall apply to the rates charged by home protection companies until such time as the Commission determines, after proper notice and hearing, that sufficient competition exists in the home protection industry to justify its regulation under Chapter 19 (\u00a7 38.2-1900 et seq.) of this title. Upon this determination, Chapter 19 of this title shall apply to the rates charged by home protection companies.2\n\nNo home protection company shall make or issue a contract except in accordance with the filings that are in effect for that company. No home protection company or any of its representatives shall charge or receive any fee, compensation or consideration for the contract that is not included in the rate in effect for that company.3\n\nThe rates charged shall be based on sound actuarial principles and shall not be excessive, inadequate, or unfairly discriminatory as defined in § 38.2-1904.","order_by":null,"text":{"0":{"id":268979,"text":"No home protection contract shall be issued or used in this Commonwealth unless it has been filed with and approved by the Commission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268980,"text":"No home protection contract shall be issued in this Commonwealth unless it:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":268981,"text":"Is written in simple and readable words with common meanings and is understandable without special insurance knowledge or training;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":268982,"text":"Specifically sets forth:\n\t\t\t\ta. The services to be performed by the home protection company and the terms and conditions of the performance;\n\t\t\t\tb. Any service fee or deductible amount applicable per claim or per occurrence;\n\t\t\t\tc. Each of the systems, appliances, and structural components covered by the contract;\n\t\t\t\td. All exclusions and limitations respecting the extent of coverage;\n\t\t\t\te. The period during which the contract will remain in effect and the cancellation provision;\n\t\t\t\tf. All limitations regarding the performance of services, including any restrictions as to the time periods when services will be performed;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":268983,"text":"Provides for the initiation of covered services contracted for upon telephonic request without first requiring the filing of written claim forms or written applications; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":268984,"text":"Provides for the initiation of covered services contracted for by or under the direction of the home protection company within seventy-two hours of the request for the service by the contract holder, and provides for the completion of the services as soon as reasonably possible. For malfunctions of furnace or heating systems during the winter months, the contract must provide for the initiation of services immediately.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":268985,"text":"Every application for or agreement to purchase a home protection contract shall include a statement that the purchase of the contract is not mandatory and may be waived, and shall include a statement of the premium.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":268986,"text":"1. Chapter 20 (\u00a7 38.2-2000 et seq.) of this title shall apply to the rates charged by home protection companies until such time as the Commission determines, after proper notice and hearing, that sufficient competition exists in the home protection industry to justify its regulation under Chapter 19 (\u00a7 38.2-1900 et seq.) of this title. Upon this determination, Chapter 19 of this title shall apply to the rates charged by home protection companies.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D2"},"8":{"id":268987,"text":"No home protection company shall make or issue a contract except in accordance with the filings that are in effect for that company. No home protection company or any of its representatives shall charge or receive any fee, compensation or consideration for the contract that is not included in the rate in effect for that company.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"D3"},"9":{"id":268988,"text":"The rates charged shall be based on sound actuarial principles and shall not be excessive, inadequate, or unfairly discriminatory as defined in § 38.2-1904.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"ancestry":[{"id":12840,"edition_id":1,"name":"Home Protection Companies","identifier":"26","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":213943,"object_type":"structure","relational_id":12840,"identifier":"26","token":"38.2\/26","url":"\/38.2\/26\/","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":85986,"structure_id":12840,"section_number":"38.2-2600","catch_line":"Definitions","url":"\/38.2-2600\/","token":"38.2\/26\/38.2-2600","metadata":false},{"id":75121,"structure_id":12840,"section_number":"38.2-2601","catch_line":"Exemptions","url":"\/38.2-2601\/","token":"38.2\/26\/38.2-2601","metadata":false},{"id":59380,"structure_id":12840,"section_number":"38.2-2602","catch_line":"Limited applicability to certain insurers","url":"\/38.2-2602\/","token":"38.2\/26\/38.2-2602","metadata":false},{"id":66093,"structure_id":12840,"section_number":"38.2-2603","catch_line":"License required; application; fee","url":"\/38.2-2603\/","token":"38.2\/26\/38.2-2603","metadata":false},{"id":80501,"structure_id":12840,"section_number":"38.2-2604","catch_line":"Qualification for license; net worth; deposit of securities with State Treasurer","url":"\/38.2-2604\/","token":"38.2\/26\/38.2-2604","metadata":false},{"id":79225,"structure_id":12840,"section_number":"38.2-2605","catch_line":"Expiration and renewal of license","url":"\/38.2-2605\/","token":"38.2\/26\/38.2-2605","metadata":false},{"id":56816,"structure_id":12840,"section_number":"38.2-2606","catch_line":"Reserves required","url":"\/38.2-2606\/","token":"38.2\/26\/38.2-2606","metadata":false},{"id":73559,"structure_id":12840,"section_number":"38.2-2607","catch_line":"Annual statements","url":"\/38.2-2607\/","token":"38.2\/26\/38.2-2607","metadata":false},{"id":74863,"structure_id":12840,"section_number":"38.2-2608","catch_line":"Home protection contracts; filing; form and contents; application or agreement to purchase; regulation of rates and charges","url":"\/38.2-2608\/","token":"38.2\/26\/38.2-2608","metadata":false},{"id":59105,"structure_id":12840,"section_number":"38.2-2609","catch_line":"Qualifications of agents","url":"\/38.2-2609\/","token":"38.2\/26\/38.2-2609","metadata":false},{"id":81246,"structure_id":12840,"section_number":"38.2-2610","catch_line":"Cancellation of home protection contracts","url":"\/38.2-2610\/","token":"38.2\/26\/38.2-2610","metadata":false},{"id":70070,"structure_id":12840,"section_number":"38.2-2611","catch_line":"Unfair discrimination","url":"\/38.2-2611\/","token":"38.2\/26\/38.2-2611","metadata":false},{"id":55408,"structure_id":12840,"section_number":"38.2-2612","catch_line":"Unfair trade practices","url":"\/38.2-2612\/","token":"38.2\/26\/38.2-2612","metadata":false},{"id":75413,"structure_id":12840,"section_number":"38.2-2613","catch_line":"Application of insurance laws","url":"\/38.2-2613\/","token":"38.2\/26\/38.2-2613","metadata":false},{"id":79863,"structure_id":12840,"section_number":"38.2-2614","catch_line":"Fronting not permitted","url":"\/38.2-2614\/","token":"38.2\/26\/38.2-2614","metadata":false},{"id":63662,"structure_id":12840,"section_number":"38.2-2615","catch_line":"Other insurance transactions prohibited","url":"\/38.2-2615\/","token":"38.2\/26\/38.2-2615","metadata":false},{"id":63494,"structure_id":12840,"section_number":"38.2-2616","catch_line":"Binding arbitration provisions in contract","url":"\/38.2-2616\/","token":"38.2\/26\/38.2-2616","metadata":false},{"id":53987,"structure_id":12840,"section_number":"38.2-2617","catch_line":"Repealed","url":"\/38.2-2617\/","token":"38.2\/26\/38.2-2617","metadata":false},{"id":63420,"structure_id":12840,"section_number":"38.2-2628","catch_line":"Repealed","url":"\/38.2-2628\/","token":"38.2\/26\/38.2-2628","metadata":false}],"previous_section":{"id":73559,"structure_id":12840,"section_number":"38.2-2607","catch_line":"Annual statements","url":"\/38.2-2607\/","token":"38.2\/26\/38.2-2607","metadata":false},"next_section":{"id":59105,"structure_id":12840,"section_number":"38.2-2609","catch_line":"Qualifications of agents","url":"\/38.2-2609\/","token":"38.2\/26\/38.2-2609","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2608\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 530 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 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1984, chapter 640; in 1986, chapter 562.<\/p>","references":[{"id":59380,"section_number":"38.2-2602","catch_line":"Limited applicability to certain insurers","order_by":null,"url":"\/38.2-2602\/"}],"refers_to":[{"id":66229,"section_number":"38.2-1900","catch_line":"Purposes of chapter","order_by":null,"url":"\/38.2-1900\/"},{"id":68129,"section_number":"38.2-1904","catch_line":"Rate standards","order_by":null,"url":"\/38.2-1904\/"},{"id":68638,"section_number":"38.2-2000","catch_line":"Purposes of chapter","order_by":null,"url":"\/38.2-2000\/"}],"permalink":{"id":213977,"object_type":"law","relational_id":74863,"identifier":"38.2-2608","token":"38.2\/26\/38.2-2608","url":"\/38.2-2608\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2608\/","token":"38.2\/26\/38.2-2608","dublin_core":{"Title":"Home protection contracts; filing; form and contents; application or agreement to purchase; regulation of rates and charges","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2608","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No home protection contract<\/span> shall be issued or used in this Commonwealth unless it has been filed with and approved by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No home protection contract<\/span> shall be issued in this Commonwealth unless it: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is written in simple and readable words with common meanings and is understandable without special insurance<\/span> knowledge or training; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Specifically sets forth:\n\t\t\t\ta. The services to be performed by the home protection company<\/span> and the terms and conditions of the performance;\n\t\t\t\tb. Any service fee or deductible amount applicable per claim or per occurrence;\n\t\t\t\tc. Each of the systems, appliances, and structural components<\/span> covered by the contract<\/span>;\n\t\t\t\td. All exclusions and limitations respecting the extent of coverage;\n\t\t\t\te. The period during which the contract<\/span> will remain in effect and the cancellation provision;\n\t\t\t\tf. All limitations regarding the performance of services, including any restrictions as to the time periods when services will be performed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provides for the initiation of covered services contracted for upon telephonic request without first requiring the filing of written claim forms or written applications; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Provides for the initiation of covered services contracted for by or under the direction of the home protection company<\/span> within seventy-two hours of the request for the service by the contract<\/span> holder, and provides for the completion of the services as soon as reasonably possible. For malfunctions of furnace or heating systems during the winter months, the contract<\/span> must provide for the initiation of services immediately. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every application for or agreement to purchase a home protection contract<\/span> shall include a statement that the purchase of the contract<\/span> is not mandatory and may be waived, and shall include a statement of the premium. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 1. Chapter 20 (\u00a7 38.2-2000<\/a> et seq.) of this title shall apply to the rates<\/span><\/span> charged by home protection companies until such time as the Commission<\/span> determines, after proper notice and hearing<\/span>, that sufficient competition exists in the home protection industry to justify its regulation under Chapter 19 (\u00a7 38.2-1900<\/a> et seq.) of this title. Upon this determination, Chapter 19 of this title shall apply to the rates<\/span><\/span> charged by home protection companies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No home protection company<\/span> shall make or issue<\/span> a contract<\/span> except in accordance with the filings that are in effect for that company. No home protection company<\/span> or any of its representatives shall charge or receive any fee, compensation or consideration for the contract<\/span> that is not included in the rate<\/span> in effect for that company. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The rates<\/span><\/span> charged shall be based on sound actuarial principles and shall not be excessive, inadequate, or unfairly discriminatory as defined in § 38.2-1904<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOME PROTECTION CONTRACTS; FILING; FORM AND CONTENTS; APPLICATION OR AGREEMENT\nTO PURCHASE; REGULATION OF RATES AND CHARGES (\u00a7 38.2-2608)\n\nA. No home protection contract shall be issued or used in this Commonwealth\nunless it has been filed with and approved by the Commission.\n\nB. No home protection contract shall be issued in this Commonwealth unless it:\n\n 1. Is written in simple and readable words with common meanings and is\n understandable without special insurance knowledge or training;\n\n 2. Specifically sets forth:\n \t\t\t\ta. The services to be performed by the home protection company and the\n terms and conditions of the performance;\n \t\t\t\tb. Any service fee or deductible amount applicable per claim or per\n occurrence;\n \t\t\t\tc. Each of the systems, appliances, and structural components covered by\n the contract;\n \t\t\t\td. All exclusions and limitations respecting the extent of coverage;\n \t\t\t\te. The period during which the contract will remain in effect and the\n cancellation provision;\n \t\t\t\tf. All limitations regarding the performance of services, including any\n restrictions as to the time periods when services will be performed;\n\n 3. Provides for the initiation of covered services contracted for upon\n telephonic request without first requiring the filing of written claim forms\n or written applications; and\n\n 4. Provides for the initiation of covered services contracted for by or under\n the direction of the home protection company within seventy-two hours of the\n request for the service by the contract holder, and provides for the\n completion of the services as soon as reasonably possible. For malfunctions of\n furnace or heating systems during the winter months, the contract must provide\n for the initiation of services immediately.\n\nC. Every application for or agreement to purchase a home protection contract\nshall include a statement that the purchase of the contract is not mandatory and\nmay be waived, and shall include a statement of the premium.\n\nD. 1. Chapter 20 (\u00a7 38.2-2000 et seq.) of this title shall apply to the rates\ncharged by home protection companies until such time as the Commission\ndetermines, after proper notice and hearing, that sufficient competition exists\nin the home protection industry to justify its regulation under Chapter 19 (\u00a7\n38.2-1900 et seq.) of this title. Upon this determination, Chapter 19 of this\ntitle shall apply to the rates charged by home protection companies.\n\n 2. No home protection company shall make or issue a contract except in\n accordance with the filings that are in effect for that company. No home\n protection company or any of its representatives shall charge or receive any\n fee, compensation or consideration for the contract that is not included in\n the rate in effect for that company.\n\n 3. The rates charged shall be based on sound actuarial principles and shall\n not be excessive, inadequate, or unfairly discriminatory as defined in §\n 38.2-1904.\n\nHISTORY: 1981, c. 530, \u00a7 38.1-938; 1984, c. 640; 1986, c. 562.","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}}