{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2801.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2801.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2801.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2801.html"}],"law_id":76688,"edition_id":1,"section_id":76688,"structure_id":16350,"section_number":"38.2-2801","catch_line":"Association activation; members; purpose; determinations by Commission; powers of association","history":"1976, c. 85, \u00a7 38.1-776; 1980, c. 286, \u00a7 38.1-776.2; 1986, c. 562; 2003, cc. 488, 1026.","full_text":"A\n\nThe Commission shall activate a joint underwriting association if, after investigation, notice, and hearing, it finds that medical malpractice insurance cannot be made reasonably available in the voluntary market for a significant number of any class, type, or group of providers of health care. The association shall consist of all insurers licensed to write and engaged in writing liability insurance within this Commonwealth on a direct basis except those exempted from rate regulation by subsection C of § 38.2-1902. Each such insurer shall be a member of the association as a condition of its license to write liability insurance in this Commonwealth.B\n\nThe purpose of the association shall be to provide a market for medical malpractice insurance on a self-supporting basis without subsidy from its members.C\n\n1. The association shall not commence underwriting operations for any class, type or group of providers of health care until it is activated by the Commission. At the direction of the Commission, the association shall commence operations in accordance with the provisions of this chapter.2\n\nIf the Commission determines at any time that medical malpractice insurance can be made reasonably available in the voluntary market for any class, type or group of providers of health care, the association shall, at the direction of the Commission, cease its underwriting operations for that class, type or group of providers of health care.D\n\nThe Commission shall also determine after investigation and a hearing whether the association shall be the exclusive source of medical malpractice insurance for any class, type or group of providers of health care and the type of policy or policies that shall be issued to any class, type or group of providers of health care. If the Commission determines that a claims-made policy will be issued to any class, type or group of providers of health care, the Commission shall also provide for the guaranteed availability of insurance that covers claims that (i) result from incidents occurring during periods when the basic claims-made policies are in force, and (ii) are reported after the expiration of the basic claims-made policies. The Commission may from time to time after an investigation and hearing reexamine and reconsider any determination made pursuant to this subsection.E\n\nPursuant to this chapter and the plan of operation required by § 38.2-2804, the association shall have the power on behalf of its members to: (i) issue, or cause to be issued, policies of medical malpractice insurance to applicants, including incidental coverages, subject to limits as specified in the plan of operation but not to exceed $2 million for each claimant under any one policy and $6 million for all claimants under one policy in any one year; (ii) underwrite the insurance and adjust and pay losses on the insurance; (iii) appoint a service company or companies to perform the functions enumerated in this subsection; (iv) assume reinsurance from its members; and (v) reinsure its risks in whole or in part.","order_by":null,"text":{"0":{"id":275276,"text":"The Commission shall activate a joint underwriting association if, after investigation, notice, and hearing, it finds that medical malpractice insurance cannot be made reasonably available in the voluntary market for a significant number of any class, type, or group of providers of health care. The association shall consist of all insurers licensed to write and engaged in writing liability insurance within this Commonwealth on a direct basis except those exempted from rate regulation by subsection C of § 38.2-1902. Each such insurer shall be a member of the association as a condition of its license to write liability insurance in this Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275277,"text":"The purpose of the association shall be to provide a market for medical malpractice insurance on a self-supporting basis without subsidy from its members.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":275278,"text":"1. The association shall not commence underwriting operations for any class, type or group of providers of health care until it is activated by the Commission. At the direction of the Commission, the association shall commence operations in accordance with the provisions of this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":275279,"text":"If the Commission determines at any time that medical malpractice insurance can be made reasonably available in the voluntary market for any class, type or group of providers of health care, the association shall, at the direction of the Commission, cease its underwriting operations for that class, type or group of providers of health care.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"4":{"id":275280,"text":"The Commission shall also determine after investigation and a hearing whether the association shall be the exclusive source of medical malpractice insurance for any class, type or group of providers of health care and the type of policy or policies that shall be issued to any class, type or group of providers of health care. If the Commission determines that a claims-made policy will be issued to any class, type or group of providers of health care, the Commission shall also provide for the guaranteed availability of insurance that covers claims that (i) result from incidents occurring during periods when the basic claims-made policies are in force, and (ii) are reported after the expiration of the basic claims-made policies. The Commission may from time to time after an investigation and hearing reexamine and reconsider any determination made pursuant to this subsection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"5":{"id":275281,"text":"Pursuant to this chapter and the plan of operation required by § 38.2-2804, the association shall have the power on behalf of its members to: (i) issue, or cause to be issued, policies of medical malpractice insurance to applicants, including incidental coverages, subject to limits as specified in the plan of operation but not to exceed $2 million for each claimant under any one policy and $6 million for all claimants under one policy in any one year; (ii) underwrite the insurance and adjust and pay losses on the insurance; (iii) appoint a service company or companies to perform the functions enumerated in this subsection; (iv) assume reinsurance from its members; and (v) reinsure its risks in whole or in part.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2801\/","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 3 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 1980, chapter 286; in 1986, chapter 562; in 2003, chapters 488<\/a> and 1026<\/a>.<\/p>","references":[{"id":72714,"section_number":"38.2-2802","catch_line":"Dissolution","order_by":null,"url":"\/38.2-2802\/"},{"id":68647,"section_number":"38.2-2804","catch_line":"Plan of operation","order_by":null,"url":"\/38.2-2804\/"},{"id":82755,"section_number":"38.2-2807","catch_line":"Stabilization reserve fund","order_by":null,"url":"\/38.2-2807\/"}],"refers_to":[{"id":74191,"section_number":"38.2-1902","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-1902\/"},{"id":68647,"section_number":"38.2-2804","catch_line":"Plan of operation","order_by":null,"url":"\/38.2-2804\/"}],"permalink":{"id":214085,"object_type":"law","relational_id":76688,"identifier":"38.2-2801","token":"38.2\/28\/38.2-2801","url":"\/38.2-2801\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2801\/","token":"38.2\/28\/38.2-2801","dublin_core":{"Title":"Association activation; members; purpose; determinations by Commission; powers of association","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2801","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> shall activate a joint underwriting association<\/span> if, after investigation, notice, and hearing<\/span>, it finds that medical malpractice insurance<\/span> cannot be made reasonably available in the voluntary market for a significant number of any class, type, or group of providers of health care. The association<\/span> shall consist of all insurers<\/span> licensed to write and engaged in writing liability insurance<\/span> within this Commonwealth on a direct basis except those exempted from rate<\/span> regulation by subsection C of § 38.2-1902<\/a>. Each such insurer<\/span> shall be a member of the association<\/span> as a condition of its license to write liability insurance<\/span> in this Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The purpose of the association<\/span> shall be to provide a market for medical malpractice insurance<\/span> on a self-supporting basis without subsidy from its members. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. The association<\/span> shall not commence underwriting operations for any class, type or group of providers of health care until it is activated by the Commission<\/span>. At the direction of the Commission<\/span>, the association<\/span> shall commence operations in accordance with the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the Commission<\/span> determines at any time that medical malpractice insurance<\/span> can be made reasonably available in the voluntary market for any class, type or group of providers of health care, the association<\/span> shall, at the direction of the Commission<\/span>, cease its underwriting operations for that class, type or group of providers of health care. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission<\/span> shall also determine after investigation and a hearing<\/span> whether the association<\/span> shall be the exclusive source of medical malpractice insurance<\/span> for any class, type or group of providers of health care and the type of policy or policies that shall be issued to any class, type or group of providers of health care. If the Commission<\/span> determines that a claims-made policy will be issued to any class, type or group of providers of health care, the Commission<\/span> shall also provide for the guaranteed availability of insurance that covers claims that (i) result from incidents occurring during periods when the basic claims-made policies are in force, and (ii) are reported after the expiration of the basic claims-made policies. The Commission<\/span> may from time to time after an investigation and hearing<\/span> reexamine and reconsider any determination made pursuant to this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Pursuant to this chapter and the plan of operation required by § 38.2-2804<\/a>, the association<\/span> shall have the power on behalf of its members to: (i) issue<\/span>, or cause to be issued, policies of medical malpractice insurance<\/span> to applicants, including incidental coverages<\/span>, subject to limits as specified in the plan of operation but not to exceed $2 million for each claimant under any one policy and $6 million for all claimants under one policy in any one year; (ii) underwrite the insurance and adjust and pay losses on the insurance; (iii) appoint a service company<\/span> or companies to perform the functions enumerated in this subsection; (iv) assume reinsurance from its members; and (v) reinsure its risks in whole or in part. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSOCIATION ACTIVATION; MEMBERS; PURPOSE; DETERMINATIONS BY COMMISSION; POWERS\nOF ASSOCIATION (\u00a7 38.2-2801)\n\nA. The Commission shall activate a joint underwriting association if, after\ninvestigation, notice, and hearing, it finds that medical malpractice insurance\ncannot be made reasonably available in the voluntary market for a significant\nnumber of any class, type, or group of providers of health care. The association\nshall consist of all insurers licensed to write and engaged in writing liability\ninsurance within this Commonwealth on a direct basis except those exempted from\nrate regulation by subsection C of § 38.2-1902. Each such insurer shall be\na member of the association as a condition of its license to write liability\ninsurance in this Commonwealth.\n\nB. The purpose of the association shall be to provide a market for medical\nmalpractice insurance on a self-supporting basis without subsidy from its\nmembers.\n\nC. 1. The association shall not commence underwriting operations for any class,\ntype or group of providers of health care until it is activated by the\nCommission. At the direction of the Commission, the association shall commence\noperations in accordance with the provisions of this chapter.\n\n 2. If the Commission determines at any time that medical malpractice insurance\n can be made reasonably available in the voluntary market for any class, type\n or group of providers of health care, the association shall, at the direction\n of the Commission, cease its underwriting operations for that class, type or\n group of providers of health care.\n\nD. The Commission shall also determine after investigation and a hearing whether\nthe association shall be the exclusive source of medical malpractice insurance\nfor any class, type or group of providers of health care and the type of policy\nor policies that shall be issued to any class, type or group of providers of\nhealth care. If the Commission determines that a claims-made policy will be\nissued to any class, type or group of providers of health care, the Commission\nshall also provide for the guaranteed availability of insurance that covers\nclaims that (i) result from incidents occurring during periods when the basic\nclaims-made policies are in force, and (ii) are reported after the expiration of\nthe basic claims-made policies. The Commission may from time to time after an\ninvestigation and hearing reexamine and reconsider any determination made\npursuant to this subsection.\n\nE. Pursuant to this chapter and the plan of operation required by §\n38.2-2804, the association shall have the power on behalf of its members to: (i)\nissue, or cause to be issued, policies of medical malpractice insurance to\napplicants, including incidental coverages, subject to limits as specified in\nthe plan of operation but not to exceed $2 million for each claimant under any\none policy and $6 million for all claimants under one policy in any one year;\n(ii) underwrite the insurance and adjust and pay losses on the insurance; (iii)\nappoint a service company or companies to perform the functions enumerated in\nthis subsection; (iv) assume reinsurance from its members; and (v) reinsure its\nrisks in whole or in part.\n\nHISTORY: 1976, c. 85, \u00a7 38.1-776; 1980, c. 286, \u00a7 38.1-776.2; 1986, c. 562;\n2003, cc. 488, 1026.","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}}