{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2806.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2806.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2806.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2806.html"}],"law_id":71882,"edition_id":1,"section_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","history":"1976, c. 85, \u00a7 38.1-780; 1986, c. 562; 1987, cc. 520, 554; 1988, c. 341; 1997, c. 160.","full_text":"A\n\nAll policies issued by the association shall be subject to the group retrospective premium adjustment and to the stabilization reserve fund required by &#xA7; 38.2-2807. No policy form shall be used by the association unless it has been filed with the Commission and either (i) the Commission has approved it or (ii) thirty days have elapsed and the Commission has not disapproved the form or endorsement for one or more of the reasons enumerated in subsection A of &#xA7; 38.2-317.B\n\nPolicies shall be issued by the association, after receipt of the premium or portion of the premium prescribed by the plan of operation, to applicants that (i) meet the minimum underwriting standards, and (ii) have no unpaid or uncontested premium due as evidenced by the applicant having failed to make written objection to premium charges within thirty days after billing.C\n\nAny policy issued by the association may be cancelled for any one of the following reasons: (i) nonpayment of premium or portion of the premium; (ii) suspension or revocation of the insured&#8217;s license; (iii) failure of the insured to meet the minimum underwriting standards; (iv) failure of the insured to meet other minimum standards prescribed by the plan of operation; and (v) nonpayment of any stabilization reserve fund charge.D\n\nThe rates, rating plans, rating rules, rating classifications, premium payment plans and territories applicable to the insurance written by the association, and related statistics shall be subject to the provisions of Chapter 20 (&#xA7; 38.2-2000 et seq.) of this title. Due consideration shall be given to the past and prospective loss and expense experience for medical malpractice insurance written and to be written in this Commonwealth, trends in the frequency and severity of losses, the investment income of the association, and other information the Commission requires. All rates shall be on an actuarially sound basis, giving due consideration to the stabilization reserve fund, and shall be calculated to be self-supporting. The Commission shall take all appropriate steps to make available to the association the loss and expense experience of insurers writing or having written medical malpractice insurance in this Commonwealth.E\n\nAll policies issued by the association shall be subject to a nonprofit group retrospective premium adjustment to be approved by the Commission under which the final premium for all policyholders of the association, as a group, will be calculated based upon the experience of all policyholders. The experience of all policyholders shall be calculated following the end of each fiscal period and shall be based upon earned premiums, administrative expenses, loss and loss adjustment expenses, and taxes, plus a reasonable allowance for contingencies and servicing. Policyholders shall be given full credit for all investment income, net of expenses and a reasonable management fee on policyholder supplied funds. Any final premium resulting from a retrospective premium adjustment will be collected from the stabilization fund set forth in &#xA7; 38.2-2807. The maximum premium for all policyholders as a group shall be limited as provided in &#xA7; 38.2-2807.F\n\n1. The association shall certify to the Commission the estimated amount of any deficit remaining after the stabilization reserve fund has been exhausted in payment of the maximum final premium for all policyholders of the association. Within sixty days after such certification, the Commission shall authorize the association to recover from the members their respective share of the deficit.2\n\nMembers shall be permitted to recover any assessment made by the association under subdivision 1 by deducting the members&#8217; share of the deficit from future premium taxes due the Commonwealth. The amount of premium tax deduction for each member&#8217;s share of the deficit shall be apportioned by the Commission so that the amount of each member&#8217;s premium tax deduction in each of the ten calendar years following the payment of the member&#8217;s assessment is equal to ten percent of the assessment paid by the member.G\n\nIn the event that sufficient funds are not available for the sound financial operation of the association, subject to recoupment as provided in this chapter and the plan of operation, all members shall, on a temporary basis, contribute to the financial requirements of the association in the manner provided in this chapter. The contribution shall be reimbursed to the members by the procedure set forth in subdivision F 2.H\n\nThe Commission shall examine the business of the association as often as it deems appropriate to make certain that the group retrospective premium adjustments are being calculated and applied in a manner consistent with this section. If the Commission finds that they are not being calculated and applied in a manner consistent with this section, it shall issue an order to the association, specifying (i) how the calculation and application are not consistent and (ii) stating what corrective action shall be taken.","order_by":null,"text":{"0":{"id":258989,"text":"All policies issued by the association shall be subject to the group retrospective premium adjustment and to the stabilization reserve fund required by &#xA7; 38.2-2807. No policy form shall be used by the association unless it has been filed with the Commission and either (i) the Commission has approved it or (ii) thirty days have elapsed and the Commission has not disapproved the form or endorsement for one or more of the reasons enumerated in subsection A of &#xA7; 38.2-317.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258990,"text":"Policies shall be issued by the association, after receipt of the premium or portion of the premium prescribed by the plan of operation, to applicants that (i) meet the minimum underwriting standards, and (ii) have no unpaid or uncontested premium due as evidenced by the applicant having failed to make written objection to premium charges within thirty days after billing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258991,"text":"Any policy issued by the association may be cancelled for any one of the following reasons: (i) nonpayment of premium or portion of the premium; (ii) suspension or revocation of the insured&#8217;s license; (iii) failure of the insured to meet the minimum underwriting standards; (iv) failure of the insured to meet other minimum standards prescribed by the plan of operation; and (v) nonpayment of any stabilization reserve fund charge.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":258992,"text":"The rates, rating plans, rating rules, rating classifications, premium payment plans and territories applicable to the insurance written by the association, and related statistics shall be subject to the provisions of Chapter 20 (&#xA7; 38.2-2000 et seq.) of this title. Due consideration shall be given to the past and prospective loss and expense experience for medical malpractice insurance written and to be written in this Commonwealth, trends in the frequency and severity of losses, the investment income of the association, and other information the Commission requires. All rates shall be on an actuarially sound basis, giving due consideration to the stabilization reserve fund, and shall be calculated to be self-supporting. The Commission shall take all appropriate steps to make available to the association the loss and expense experience of insurers writing or having written medical malpractice insurance in this Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":258993,"text":"All policies issued by the association shall be subject to a nonprofit group retrospective premium adjustment to be approved by the Commission under which the final premium for all policyholders of the association, as a group, will be calculated based upon the experience of all policyholders. The experience of all policyholders shall be calculated following the end of each fiscal period and shall be based upon earned premiums, administrative expenses, loss and loss adjustment expenses, and taxes, plus a reasonable allowance for contingencies and servicing. Policyholders shall be given full credit for all investment income, net of expenses and a reasonable management fee on policyholder supplied funds. Any final premium resulting from a retrospective premium adjustment will be collected from the stabilization fund set forth in &#xA7; 38.2-2807. The maximum premium for all policyholders as a group shall be limited as provided in &#xA7; 38.2-2807.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":258994,"text":"1. The association shall certify to the Commission the estimated amount of any deficit remaining after the stabilization reserve fund has been exhausted in payment of the maximum final premium for all policyholders of the association. Within sixty days after such certification, the Commission shall authorize the association to recover from the members their respective share of the deficit.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F2"},"6":{"id":258995,"text":"Members shall be permitted to recover any assessment made by the association under subdivision 1 by deducting the members&#8217; share of the deficit from future premium taxes due the Commonwealth. The amount of premium tax deduction for each member&#8217;s share of the deficit shall be apportioned by the Commission so that the amount of each member&#8217;s premium tax deduction in each of the ten calendar years following the payment of the member&#8217;s assessment is equal to ten percent of the assessment paid by the member.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F","next_prefix":"G"},"7":{"id":258996,"text":"In the event that sufficient funds are not available for the sound financial operation of the association, subject to recoupment as provided in this chapter and the plan of operation, all members shall, on a temporary basis, contribute to the financial requirements of the association in the manner provided in this chapter. The contribution shall be reimbursed to the members by the procedure set forth in subdivision F 2.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"8":{"id":258997,"text":"The Commission shall examine the business of the association as often as it deems appropriate to make certain that the group retrospective premium adjustments are being calculated and applied in a manner consistent with this section. If the Commission finds that they are not being calculated and applied in a manner consistent with this section, it shall issue an order to the association, specifying (i) how the calculation and application are not consistent and (ii) stating what corrective action shall be taken.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2806\/","history_text":"<p>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 4 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 1986, chapter 562; in 1987, chapters 520 and 554; in 1988, chapter 341; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0160\">160<\/a>.<\/p>","references":false,"refers_to":[{"id":68638,"section_number":"38.2-2000","catch_line":"Purposes of chapter","order_by":null,"url":"\/38.2-2000\/"},{"id":82755,"section_number":"38.2-2807","catch_line":"Stabilization reserve fund","order_by":null,"url":"\/38.2-2807\/"}],"permalink":{"id":214105,"object_type":"law","relational_id":71882,"identifier":"38.2-2806","token":"38.2\/28\/38.2-2806","url":"\/38.2-2806\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2806\/","token":"38.2\/28\/38.2-2806","dublin_core":{"Title":"Policy forms; applicants to be issued policies; cancellation of policies; rates; examination of business of association","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2806","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> All policies issued by the <span class=\"dictionary\">association<\/span> shall be subject to the group retrospective premium adjustment and to the stabilization reserve fund required by &#xA7; <a class=\"law\" title=\"Stabilization reserve fund\" href=\"\/38.2-2807\/\">38.2-2807<\/a>. No policy form shall be used by the <span class=\"dictionary\">association<\/span> unless it has been filed with the <span class=\"dictionary\">Commission<\/span> and either (i) the <span class=\"dictionary\">Commission<\/span> has approved it or (ii) thirty days have elapsed and the <span class=\"dictionary\">Commission<\/span> has not disapproved the form or endorsement for one or more of the reasons enumerated in subsection A of &#xA7; <a class=\"law\" title=\"Delivery and use of certain policies and endorsements\" href=\"\/38.2-317\/\">38.2-317<\/a>. <a id=\"paragraph-258989\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#A\"><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> Policies shall be issued by the <span class=\"dictionary\">association<\/span>, after receipt of the premium or portion of the premium prescribed by the plan of operation, to applicants that (i) meet the minimum underwriting standards, and (ii) have no unpaid or uncontested premium due as evidenced by the applicant having failed to make written objection to premium charges within thirty days after billing. <a id=\"paragraph-258990\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#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> Any policy issued by the <span class=\"dictionary\">association<\/span> may be cancelled for any one of the following reasons: (i) nonpayment of premium or portion of the premium; (ii) suspension or <span class=\"dictionary\">revocation<\/span> of the insured&#8217;s license; (iii) failure of the insured to meet the minimum underwriting standards; (iv) failure of the insured to meet other minimum standards prescribed by the plan of operation; and (v) nonpayment of any stabilization reserve fund charge. <a id=\"paragraph-258991\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#C\"><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> The <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span>, rating plans, rating rules, rating classifications, premium payment plans and territories applicable to the insurance written by the <span class=\"dictionary\">association<\/span>, and related statistics shall be subject to the provisions of Chapter 20 (&#xA7; <a class=\"law\" title=\"Purposes of chapter\" href=\"\/38.2-2000\/\">38.2-2000<\/a> et seq.) of this title. Due consideration shall be given to the past and prospective loss and expense experience for <span class=\"dictionary\">medical malpractice insurance<\/span> written and to be written in this Commonwealth, trends in the frequency and severity of losses, the investment income of the <span class=\"dictionary\">association<\/span>, and other information the <span class=\"dictionary\">Commission<\/span> requires. All <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> shall be on an actuarially sound basis, giving due consideration to the stabilization reserve fund, and shall be calculated to be self-supporting. The <span class=\"dictionary\">Commission<\/span> shall take all appropriate steps to make available to the <span class=\"dictionary\">association<\/span> the loss and expense experience of <span class=\"dictionary\">insurers<\/span> writing or having written <span class=\"dictionary\">medical malpractice insurance<\/span> in this Commonwealth. <a id=\"paragraph-258992\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#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> All policies issued by the <span class=\"dictionary\">association<\/span> shall be subject to a nonprofit group retrospective premium adjustment to be approved by the <span class=\"dictionary\">Commission<\/span> under which the final premium for all policyholders of the <span class=\"dictionary\">association<\/span>, as a group, will be calculated based upon the experience of all policyholders. The experience of all policyholders shall be calculated following the end of each fiscal period and shall be based upon earned premiums, administrative expenses, loss and loss adjustment expenses, and taxes, plus a reasonable allowance for contingencies and servicing. Policyholders shall be given full credit for all investment income, net of expenses and a reasonable management fee on policyholder supplied funds. Any final premium resulting from a retrospective premium adjustment will be collected from the stabilization fund set forth in &#xA7; <a class=\"law\" title=\"Stabilization reserve fund\" href=\"\/38.2-2807\/\">38.2-2807<\/a>. The maximum premium for all policyholders as a group shall be limited as provided in &#xA7; <a class=\"law\" title=\"Stabilization reserve fund\" href=\"\/38.2-2807\/\">38.2-2807<\/a>. <a id=\"paragraph-258993\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#E\"><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> 1. The <span class=\"dictionary\">association<\/span> shall certify to the <span class=\"dictionary\">Commission<\/span> the estimated amount of any deficit remaining after the stabilization reserve fund has been exhausted in payment of the maximum final premium for all policyholders of the <span class=\"dictionary\">association<\/span>. Within sixty days after such certification, the <span class=\"dictionary\">Commission<\/span> shall authorize the <span class=\"dictionary\">association<\/span> to recover from the members their respective share of the deficit. <a id=\"paragraph-258994\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#F\"><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> Members shall be permitted to recover any assessment made by the <span class=\"dictionary\">association<\/span> under subdivision 1 by deducting the members&#8217; share of the deficit from future premium taxes due the Commonwealth. The amount of premium tax deduction for each member&#8217;s share of the deficit shall be apportioned by the <span class=\"dictionary\">Commission<\/span> so that the amount of each member&#8217;s premium tax deduction in each of the ten calendar years following the payment of the member&#8217;s assessment is equal to ten percent of the assessment paid by the member. <a id=\"paragraph-258995\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#F2\"><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> In the event that sufficient funds are not available for the sound financial operation of the <span class=\"dictionary\">association<\/span>, subject to recoupment as provided in this chapter and the plan of operation, all members shall, on a temporary basis, contribute to the financial requirements of the <span class=\"dictionary\">association<\/span> in the manner provided in this chapter. The contribution shall be reimbursed to the members by the procedure set forth in subdivision F 2. <a id=\"paragraph-258996\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#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> The <span class=\"dictionary\">Commission<\/span> shall examine the business of the <span class=\"dictionary\">association<\/span> as often as it deems appropriate to make certain that the group retrospective premium adjustments are being calculated and applied in a manner consistent with this section. If the <span class=\"dictionary\">Commission<\/span> finds that they are not being calculated and applied in a manner consistent with this section, it shall <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> to the <span class=\"dictionary\">association<\/span>, specifying (i) how the calculation and application are not consistent and (ii) stating what corrective action shall be taken. <a id=\"paragraph-258997\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-2806\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOLICY FORMS; APPLICANTS TO BE ISSUED POLICIES; CANCELLATION OF POLICIES; RATES;\nEXAMINATION OF BUSINESS OF ASSOCIATION (\u00a7 38.2-2806)\n\nA. All policies issued by the association shall be subject to the group\nretrospective premium adjustment and to the stabilization reserve fund required\nby &#xA7; 38.2-2807. No policy form shall be used by the association unless it\nhas been filed with the Commission and either (i) the Commission has approved it\nor (ii) thirty days have elapsed and the Commission has not disapproved the form\nor endorsement for one or more of the reasons enumerated in subsection A of\n&#xA7; 38.2-317.\n\nB. Policies shall be issued by the association, after receipt of the premium or\nportion of the premium prescribed by the plan of operation, to applicants that\n(i) meet the minimum underwriting standards, and (ii) have no unpaid or\nuncontested premium due as evidenced by the applicant having failed to make\nwritten objection to premium charges within thirty days after billing.\n\nC. Any policy issued by the association may be cancelled for any one of the\nfollowing reasons: (i) nonpayment of premium or portion of the premium; (ii)\nsuspension or revocation of the insured&#8217;s license; (iii) failure of the\ninsured to meet the minimum underwriting standards; (iv) failure of the insured\nto meet other minimum standards prescribed by the plan of operation; and (v)\nnonpayment of any stabilization reserve fund charge.\n\nD. The rates, rating plans, rating rules, rating classifications, premium\npayment plans and territories applicable to the insurance written by the\nassociation, and related statistics shall be subject to the provisions of\nChapter 20 (&#xA7; 38.2-2000 et seq.) of this title. Due consideration shall be\ngiven to the past and prospective loss and expense experience for medical\nmalpractice insurance written and to be written in this Commonwealth, trends in\nthe frequency and severity of losses, the investment income of the association,\nand other information the Commission requires. All rates shall be on an\nactuarially sound basis, giving due consideration to the stabilization reserve\nfund, and shall be calculated to be self-supporting. The Commission shall take\nall appropriate steps to make available to the association the loss and expense\nexperience of insurers writing or having written medical malpractice insurance\nin this Commonwealth.\n\nE. All policies issued by the association shall be subject to a nonprofit group\nretrospective premium adjustment to be approved by the Commission under which\nthe final premium for all policyholders of the association, as a group, will be\ncalculated based upon the experience of all policyholders. The experience of all\npolicyholders shall be calculated following the end of each fiscal period and\nshall be based upon earned premiums, administrative expenses, loss and loss\nadjustment expenses, and taxes, plus a reasonable allowance for contingencies\nand servicing. Policyholders shall be given full credit for all investment\nincome, net of expenses and a reasonable management fee on policyholder supplied\nfunds. Any final premium resulting from a retrospective premium adjustment will\nbe collected from the stabilization fund set forth in &#xA7; 38.2-2807. The\nmaximum premium for all policyholders as a group shall be limited as provided in\n&#xA7; 38.2-2807.\n\nF. 1. The association shall certify to the Commission the estimated amount of\nany deficit remaining after the stabilization reserve fund has been exhausted in\npayment of the maximum final premium for all policyholders of the association.\nWithin sixty days after such certification, the Commission shall authorize the\nassociation to recover from the members their respective share of the deficit.\n\n   2. Members shall be permitted to recover any assessment made by the\n   association under subdivision 1 by deducting the members&#8217; share of the\n   deficit from future premium taxes due the Commonwealth. The amount of premium\n   tax deduction for each member&#8217;s share of the deficit shall be\n   apportioned by the Commission so that the amount of each member&#8217;s\n   premium tax deduction in each of the ten calendar years following the payment\n   of the member&#8217;s assessment is equal to ten percent of the assessment\n   paid by the member.\n\nG. In the event that sufficient funds are not available for the sound financial\noperation of the association, subject to recoupment as provided in this chapter\nand the plan of operation, all members shall, on a temporary basis, contribute\nto the financial requirements of the association in the manner provided in this\nchapter. The contribution shall be reimbursed to the members by the procedure\nset forth in subdivision F 2.\n\nH. The Commission shall examine the business of the association as often as it\ndeems appropriate to make certain that the group retrospective premium\nadjustments are being calculated and applied in a manner consistent with this\nsection. If the Commission finds that they are not being calculated and applied\nin a manner consistent with this section, it shall issue an order to the\nassociation, specifying (i) how the calculation and application are not\nconsistent and (ii) stating what corrective action shall be taken.\n\nHISTORY: 1976, c. 85, \u00a7 38.1-780; 1986, c. 562; 1987, cc. 520, 554; 1988, c.\n341; 1997, c. 160.","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}}