{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2800.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2800.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2800.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2800.html"}],"law_id":87324,"edition_id":1,"section_id":87324,"structure_id":16350,"section_number":"38.2-2800","catch_line":"Definitions","history":"1976, c. 85, \u00a7 38.1-775; 1986, c. 562.","full_text":"As used in this chapter:\n\t\t“Association” means the joint underwriting association established pursuant to the provisions of this chapter.\n\t\t“Incidental coverage” means any other type of liability insurance covering activities directly related to the continued and efficient delivery of health care that: (i) cannot be obtained in the voluntary market because medical malpractice insurance is being provided pursuant to this chapter; and (ii) cannot be obtained through other involuntary market mechanisms.\n\t\t“Liability insurance” includes the classes of insurance defined in \u00a7\u00a7 38.2-117 through 38.2-119 and the liability portions of the insurance defined in \u00a7\u00a7 38.2-124, 38.2-125, and 38.2-130 through 38.2-132.\n\t\t“Medical malpractice insurance” means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence in rendering or failing to render professional service by any provider of health care.\n\t\t“Net direct premiums written” means gross direct premiums written in this Commonwealth on all policies of liability insurance less, (i) all return premiums on the policy, (ii) dividends paid or credited to policyholders, and (iii) the unused or unabsorbed portions of premium deposits on liability insurance.\n\t\t“Provider of health care” means any of the following deemed by the Commission to be necessary for the delivery of health care: (i) a physician and any other individual licensed or certified pursuant to Chapter 29 (\u00a7 54.1-2900 et seq.) of Title 54.1; (ii) a nurse, dentist, or pharmacist licensed pursuant to Title 54.1; (iii) any health facility licensed or eligible for licensure pursuant to Chapter 5 (\u00a7 32.1-123 et seq.) of Title 32.1 or Article 2 (\u00a7 37.2-403 et seq.) of Chapter 4 of Title 37.2; and (iv) any other group, type, or category of individual or health-related facility that the Commission finds to be necessary for the continued delivery of health care after providing notice and opportunity to be heard.","order_by":null,"text":{"0":{"id":312702,"text":"As used in this chapter:\n\t\t“Association” means the joint underwriting association established pursuant to the provisions of this chapter.\n\t\t“Incidental coverage” means any other type of liability insurance covering activities directly related to the continued and efficient delivery of health care that: (i) cannot be obtained in the voluntary market because medical malpractice insurance is being provided pursuant to this chapter; and (ii) cannot be obtained through other involuntary market mechanisms.\n\t\t“Liability insurance” includes the classes of insurance defined in \u00a7\u00a7 38.2-117 through 38.2-119 and the liability portions of the insurance defined in \u00a7\u00a7 38.2-124, 38.2-125, and 38.2-130 through 38.2-132.\n\t\t“Medical malpractice insurance” means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence in rendering or failing to render professional service by any provider of health care.\n\t\t“Net direct premiums written” means gross direct premiums written in this Commonwealth on all policies of liability insurance less, (i) all return premiums on the policy, (ii) dividends paid or credited to policyholders, and (iii) the unused or unabsorbed portions of premium deposits on liability insurance.\n\t\t“Provider of health care” means any of the following deemed by the Commission to be necessary for the delivery of health care: (i) a physician and any other individual licensed or certified pursuant to Chapter 29 (\u00a7 54.1-2900 et seq.) of Title 54.1; (ii) a nurse, dentist, or pharmacist licensed pursuant to Title 54.1; (iii) any health facility licensed or eligible for licensure pursuant to Chapter 5 (\u00a7 32.1-123 et seq.) of Title 32.1 or Article 2 (\u00a7 37.2-403 et seq.) of Chapter 4 of Title 37.2; and (iv) any other group, type, or category of individual or health-related facility that the Commission finds to be necessary for the continued delivery of health care after providing notice and opportunity to be heard.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16350,"edition_id":1,"name":"Medical Malpractice Joint Underwriting Association","identifier":"28","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 04:14:45","date_modified":"2026-06-26 04:14:45","permalink":{"id":214079,"object_type":"structure","relational_id":16350,"identifier":"28","token":"38.2\/28","url":"\/38.2\/28\/","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":87324,"structure_id":16350,"section_number":"38.2-2800","catch_line":"Definitions","url":"\/38.2-2800\/","token":"38.2\/28\/38.2-2800","metadata":false},{"id":76688,"structure_id":16350,"section_number":"38.2-2801","catch_line":"Association activation; members; purpose; determinations by Commission; powers of association","url":"\/38.2-2801\/","token":"38.2\/28\/38.2-2801","metadata":false},{"id":72714,"structure_id":16350,"section_number":"38.2-2802","catch_line":"Dissolution","url":"\/38.2-2802\/","token":"38.2\/28\/38.2-2802","metadata":false},{"id":71399,"structure_id":16350,"section_number":"38.2-2803","catch_line":"Directors","url":"\/38.2-2803\/","token":"38.2\/28\/38.2-2803","metadata":false},{"id":68647,"structure_id":16350,"section_number":"38.2-2804","catch_line":"Plan of operation","url":"\/38.2-2804\/","token":"38.2\/28\/38.2-2804","metadata":false},{"id":86913,"structure_id":16350,"section_number":"38.2-2805","catch_line":"Medical and hospital advisory committees","url":"\/38.2-2805\/","token":"38.2\/28\/38.2-2805","metadata":false},{"id":71882,"structure_id":16350,"section_number":"38.2-2806","catch_line":"Policy forms; applicants to be issued policies; cancellation of policies; rates; examination of business of association","url":"\/38.2-2806\/","token":"38.2\/28\/38.2-2806","metadata":false},{"id":82755,"structure_id":16350,"section_number":"38.2-2807","catch_line":"Stabilization reserve fund","url":"\/38.2-2807\/","token":"38.2\/28\/38.2-2807","metadata":false},{"id":84923,"structure_id":16350,"section_number":"38.2-2808","catch_line":"Participation in association by insurers","url":"\/38.2-2808\/","token":"38.2\/28\/38.2-2808","metadata":false},{"id":85338,"structure_id":16350,"section_number":"38.2-2809","catch_line":"Review of actions or decisions of association","url":"\/38.2-2809\/","token":"38.2\/28\/38.2-2809","metadata":false},{"id":77634,"structure_id":16350,"section_number":"38.2-2810","catch_line":"Annual statements","url":"\/38.2-2810\/","token":"38.2\/28\/38.2-2810","metadata":false},{"id":73090,"structure_id":16350,"section_number":"38.2-2811","catch_line":"Examination into affairs of association","url":"\/38.2-2811\/","token":"38.2\/28\/38.2-2811","metadata":false},{"id":67125,"structure_id":16350,"section_number":"38.2-2812","catch_line":"Public officers or employees","url":"\/38.2-2812\/","token":"38.2\/28\/38.2-2812","metadata":false},{"id":79966,"structure_id":16350,"section_number":"38.2-2813","catch_line":"Commissions for placing and servicing risk with association","url":"\/38.2-2813\/","token":"38.2\/28\/38.2-2813","metadata":false},{"id":77408,"structure_id":16350,"section_number":"38.2-2814","catch_line":"Liability","url":"\/38.2-2814\/","token":"38.2\/28\/38.2-2814","metadata":false}],"next_section":{"id":76688,"structure_id":16350,"section_number":"38.2-2801","catch_line":"Association activation; members; purpose; determinations by Commission; powers of association","url":"\/38.2-2801\/","token":"38.2\/28\/38.2-2801","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2800\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 85 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 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1986, chapter 562.<\/p>","references":[{"id":69255,"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","order_by":null,"url":"\/38.2-231\/"},{"id":67887,"section_number":"38.2-2900","catch_line":"Definitions","order_by":null,"url":"\/38.2-2900\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":60864,"section_number":"37.2-403","catch_line":"Definitions","order_by":null,"url":"\/37.2-403\/"},{"id":83683,"section_number":"38.2-117","catch_line":"Personal injury liability","order_by":null,"url":"\/38.2-117\/"},{"id":80898,"section_number":"38.2-119","catch_line":"Workers' compensation and employers' liability","order_by":null,"url":"\/38.2-119\/"},{"id":66976,"section_number":"38.2-124","catch_line":"Motor vehicle","order_by":null,"url":"\/38.2-124\/"},{"id":66153,"section_number":"38.2-125","catch_line":"Aircraft","order_by":null,"url":"\/38.2-125\/"},{"id":75005,"section_number":"38.2-130","catch_line":"Homeowners insurance","order_by":null,"url":"\/38.2-130\/"},{"id":60601,"section_number":"38.2-132","catch_line":"Commercial multi-peril insurance","order_by":null,"url":"\/38.2-132\/"},{"id":63078,"section_number":"54.1-2900","catch_line":"Definitions","order_by":null,"url":"\/54.1-2900\/"}],"permalink":{"id":214081,"object_type":"law","relational_id":87324,"identifier":"38.2-2800","token":"38.2\/28\/38.2-2800","url":"\/38.2-2800\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2800\/","token":"38.2\/28\/38.2-2800","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2800","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter:\n\t\t“Association<\/span>” means the joint underwriting association<\/span> established pursuant to the provisions of this chapter.\n\t\t“Incidental coverage<\/span>” means any other type of liability insurance<\/span> covering activities directly related to the continued and efficient delivery of health care that: (i) cannot be obtained in the voluntary market because medical malpractice insurance<\/span> is being provided pursuant to this chapter; and (ii) cannot be obtained through other involuntary market mechanisms.\n\t\t“Liability insurance<\/span>” includes the classes of insurance defined in \u00a7\u00a7 38.2-117<\/a> through 38.2-119<\/a> and the liability portions of the insurance defined in \u00a7\u00a7 38.2-124<\/a>, 38.2-125<\/a>, and 38.2-130<\/a> through 38.2-132<\/a>.\n\t\t“Medical malpractice insurance<\/span>” means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person<\/span> as the result of negligence<\/span> in rendering or failing to render professional service by any provider of health care<\/span>.\n\t\t“Net direct premiums written<\/span>” means gross direct premiums written in this Commonwealth on all policies of liability insurance<\/span> less, (i) all return premiums on the policy, (ii) dividends paid or credited to policyholders, and (iii) the unused or unabsorbed portions of premium deposits on liability insurance<\/span>.\n\t\t“Provider of health care<\/span>” means any of the following deemed by the Commission<\/span> to be necessary for the delivery of health care: (i) a physician and any other individual licensed or certified pursuant to Chapter 29 (\u00a7 54.1-2900<\/a> et seq.) of Title 54.1; (ii) a nurse, dentist, or pharmacist licensed pursuant to Title 54.1; (iii) any health facility licensed or eligible for licensure pursuant to Chapter 5 (\u00a7 32.1-123<\/a> et seq.) of Title 32.1 or Article 2 (\u00a7 37.2-403<\/a> et seq.) of Chapter 4 of Title 37.2; and (iv) any other group, type, or category of individual or health-related facility that the Commission<\/span> finds to be necessary for the continued delivery of health care after providing notice and opportunity to be heard.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 38.2-2800)\n\nAs used in this chapter:\n\t\t“Association” means the joint underwriting association established\npursuant to the provisions of this chapter.\n\t\t“Incidental coverage” means any other type of liability insurance\ncovering activities directly related to the continued and efficient delivery of\nhealth care that: (i) cannot be obtained in the voluntary market because medical\nmalpractice insurance is being provided pursuant to this chapter; and (ii)\ncannot be obtained through other involuntary market mechanisms.\n\t\t“Liability insurance” includes the classes of insurance defined in\n\u00a7\u00a7 38.2-117 through 38.2-119 and the liability portions of the insurance\ndefined in \u00a7\u00a7 38.2-124, 38.2-125, and 38.2-130 through 38.2-132.\n\t\t“Medical malpractice insurance” means insurance coverage against\nthe legal liability of the insured and against loss, damage, or expense incident\nto a claim arising out of the death or injury of any person as the result of\nnegligence in rendering or failing to render professional service by any\nprovider of health care.\n\t\t“Net direct premiums written” means gross direct premiums written\nin this Commonwealth on all policies of liability insurance less, (i) all return\npremiums on the policy, (ii) dividends paid or credited to policyholders, and\n(iii) the unused or unabsorbed portions of premium deposits on liability\ninsurance.\n\t\t“Provider of health care” means any of the following deemed by the\nCommission to be necessary for the delivery of health care: (i) a physician and\nany other individual licensed or certified pursuant to Chapter 29 (\u00a7 54.1-2900\net seq.) of Title 54.1; (ii) a nurse, dentist, or pharmacist licensed pursuant\nto Title 54.1; (iii) any health facility licensed or eligible for licensure\npursuant to Chapter 5 (\u00a7 32.1-123 et seq.) of Title 32.1 or Article 2 (\u00a7\n37.2-403 et seq.) of Chapter 4 of Title 37.2; and (iv) any other group, type, or\ncategory of individual or health-related facility that the Commission finds to\nbe necessary for the continued delivery of health care after providing notice\nand opportunity to be heard.\n\nHISTORY: 1976, c. 85, \u00a7 38.1-775; 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}}