{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-302.html"}],"law_id":76812,"edition_id":1,"section_id":76812,"structure_id":13680,"section_number":"38.2-302","catch_line":"Life, accident, and sickness insurance; application required","history":"1952, c. 317, \u00a7 38.1-330; 1986, c. 562; 1988, c. 831; 1993, c. 105; 2020, c. 900.","full_text":"A\n\nNo contract of insurance upon a person shall be made or effectuated unless at the time of the making of the contract the individual insured, being of lawful age and competent to contract for the insurance contract, (i) applies for insurance or (ii) consents in writing to the insurance contract. However:1\n\nEither spouse may effect an insurance contract upon each other;2\n\nAny person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effect an insurance contract upon the life of or pertaining to the minor; or3\n\nA corporate employer or an employee benefit trust having the insurable interest described in subdivision B 3 of § 38.2-301 may effect an insurance contract upon the lives of such employees, provided that the employer or trust provides the employee with notice in writing that such insurance has been purchased, the amount of such coverage, and to whom benefits are payable in the event of the employee’s death.B\n\nNothing in this section shall prohibit a minor from obtaining insurance on his own life as authorized in § 38.2-3105.","order_by":null,"text":{"0":{"id":275781,"text":"No contract of insurance upon a person shall be made or effectuated unless at the time of the making of the contract the individual insured, being of lawful age and competent to contract for the insurance contract, (i) applies for insurance or (ii) consents in writing to the insurance contract. However:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":275782,"text":"Either spouse may effect an insurance contract upon each other;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":275783,"text":"Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effect an insurance contract upon the life of or pertaining to the minor; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":275784,"text":"A corporate employer or an employee benefit trust having the insurable interest described in subdivision B 3 of § 38.2-301 may effect an insurance contract upon the lives of such employees, provided that the employer or trust provides the employee with notice in writing that such insurance has been purchased, the amount of such coverage, and to whom benefits are payable in the event of the employee’s death.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":275785,"text":"Nothing in this section shall prohibit a minor from obtaining insurance on his own life as authorized in § 38.2-3105.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"ancestry":[{"id":13680,"edition_id":1,"name":"Provisions Relating to Insurance Policies and Contracts","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:32","date_modified":"2026-06-26 03:45:32","permalink":{"id":214203,"object_type":"structure","relational_id":13680,"identifier":"3","token":"38.2\/3","url":"\/38.2\/3\/","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":67920,"structure_id":13680,"section_number":"38.2-300","catch_line":"Scope of chapter","url":"\/38.2-300\/","token":"38.2\/3\/38.2-300","metadata":false},{"id":66037,"structure_id":13680,"section_number":"38.2-301","catch_line":"Insurable interest required; life, accident and sickness insurance","url":"\/38.2-301\/","token":"38.2\/3\/38.2-301","metadata":false},{"id":76812,"structure_id":13680,"section_number":"38.2-302","catch_line":"Life, accident, and sickness insurance; application required","url":"\/38.2-302\/","token":"38.2\/3\/38.2-302","metadata":false},{"id":58792,"structure_id":13680,"section_number":"38.2-303","catch_line":"Insurable interest required; property insurance","url":"\/38.2-303\/","token":"38.2\/3\/38.2-303","metadata":false},{"id":79372,"structure_id":13680,"section_number":"38.2-304","catch_line":"Contracts of temporary insurance; duration; what deemed to include","url":"\/38.2-304\/","token":"38.2\/3\/38.2-304","metadata":false},{"id":68773,"structure_id":13680,"section_number":"38.2-305","catch_line":"Contents of policies","url":"\/38.2-305\/","token":"38.2\/3\/38.2-305","metadata":false},{"id":76860,"structure_id":13680,"section_number":"38.2-306","catch_line":"Additional contents","url":"\/38.2-306\/","token":"38.2\/3\/38.2-306","metadata":false},{"id":84098,"structure_id":13680,"section_number":"38.2-307","catch_line":"Charter and bylaw provisions in policies","url":"\/38.2-307\/","token":"38.2\/3\/38.2-307","metadata":false},{"id":69279,"structure_id":13680,"section_number":"38.2-308","catch_line":"Contingent liability provisions in policies issued by certain mutual insurers","url":"\/38.2-308\/","token":"38.2\/3\/38.2-308","metadata":false},{"id":65281,"structure_id":13680,"section_number":"38.2-309","catch_line":"When answers or statements of applicant do not bar recovery on policy","url":"\/38.2-309\/","token":"38.2\/3\/38.2-309","metadata":false},{"id":67536,"structure_id":13680,"section_number":"38.2-310","catch_line":"All fees, charges, etc., to be stated in policy","url":"\/38.2-310\/","token":"38.2\/3\/38.2-310","metadata":false},{"id":72176,"structure_id":13680,"section_number":"38.2-311","catch_line":"Type size in which conditions and restrictions to be printed","url":"\/38.2-311\/","token":"38.2\/3\/38.2-311","metadata":false},{"id":75172,"structure_id":13680,"section_number":"38.2-312","catch_line":"Provisions limiting jurisdiction, or requiring construction of contracts by law of other states, prohibited","url":"\/38.2-312\/","token":"38.2\/3\/38.2-312","metadata":false},{"id":74805,"structure_id":13680,"section_number":"38.2-313","catch_line":"Where certain contracts deemed made","url":"\/38.2-313\/","token":"38.2\/3\/38.2-313","metadata":false},{"id":56872,"structure_id":13680,"section_number":"38.2-314","catch_line":"Limitation of action and proof of loss","url":"\/38.2-314\/","token":"38.2\/3\/38.2-314","metadata":false},{"id":69924,"structure_id":13680,"section_number":"38.2-315","catch_line":"Intervening breach","url":"\/38.2-315\/","token":"38.2\/3\/38.2-315","metadata":false},{"id":60466,"structure_id":13680,"section_number":"38.2-316","catch_line":"Policy forms to be filed with Commission; notice of approval or disapproval; exceptions","url":"\/38.2-316\/","token":"38.2\/3\/38.2-316","metadata":false},{"id":85582,"structure_id":13680,"section_number":"38.2-316.1","catch_line":"Premium rates","url":"\/38.2-316.1\/","token":"38.2\/3\/38.2-316.1","metadata":false},{"id":71148,"structure_id":13680,"section_number":"38.2-316.2","catch_line":"Dental carriers; annual actual loss ratio report","url":"\/38.2-316.2\/","token":"38.2\/3\/38.2-316.2","metadata":false},{"id":77188,"structure_id":13680,"section_number":"38.2-317","catch_line":"Delivery and use of certain policies and endorsements","url":"\/38.2-317\/","token":"38.2\/3\/38.2-317","metadata":false},{"id":64949,"structure_id":13680,"section_number":"38.2-318","catch_line":"Validity of noncomplying forms","url":"\/38.2-318\/","token":"38.2\/3\/38.2-318","metadata":false},{"id":67693,"structure_id":13680,"section_number":"38.2-319","catch_line":"Validity of contracts in violation of law","url":"\/38.2-319\/","token":"38.2\/3\/38.2-319","metadata":false},{"id":71052,"structure_id":13680,"section_number":"38.2-320","catch_line":"Insurer to furnish forms for proof of loss","url":"\/38.2-320\/","token":"38.2\/3\/38.2-320","metadata":false},{"id":60210,"structure_id":13680,"section_number":"38.2-321","catch_line":"Payment discharges insurer","url":"\/38.2-321\/","token":"38.2\/3\/38.2-321","metadata":false},{"id":65634,"structure_id":13680,"section_number":"38.2-322","catch_line":"Standardized claims forms","url":"\/38.2-322\/","token":"38.2\/3\/38.2-322","metadata":false},{"id":54659,"structure_id":13680,"section_number":"38.2-323","catch_line":"Repealed","url":"\/38.2-323\/","token":"38.2\/3\/38.2-323","metadata":false},{"id":87300,"structure_id":13680,"section_number":"38.2-324","catch_line":"Disclosure of property damage information","url":"\/38.2-324\/","token":"38.2\/3\/38.2-324","metadata":false},{"id":72048,"structure_id":13680,"section_number":"38.2-325","catch_line":"Electronic delivery","url":"\/38.2-325\/","token":"38.2\/3\/38.2-325","metadata":false},{"id":55944,"structure_id":13680,"section_number":"38.2-326","catch_line":"Plan management functions","url":"\/38.2-326\/","token":"38.2\/3\/38.2-326","metadata":false}],"previous_section":{"id":66037,"structure_id":13680,"section_number":"38.2-301","catch_line":"Insurable interest required; life, accident and sickness insurance","url":"\/38.2-301\/","token":"38.2\/3\/38.2-301","metadata":false},"next_section":{"id":58792,"structure_id":13680,"section_number":"38.2-303","catch_line":"Insurable interest required; property insurance","url":"\/38.2-303\/","token":"38.2\/3\/38.2-303","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-302\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 317 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 1952 \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 1988, chapter 831; in 1993, chapter 105; in 2020, chapter 900<\/a>.<\/p>","references":[{"id":66037,"section_number":"38.2-301","catch_line":"Insurable interest required; life, accident and sickness insurance","order_by":null,"url":"\/38.2-301\/"},{"id":79808,"section_number":"38.2-3323","catch_line":"Group life insurance coverages of spouses, dependent children, and other persons","order_by":null,"url":"\/38.2-3323\/"}],"refers_to":[{"id":66037,"section_number":"38.2-301","catch_line":"Insurable interest required; life, accident and sickness insurance","order_by":null,"url":"\/38.2-301\/"},{"id":62631,"section_number":"38.2-3105","catch_line":"What contracts with respect to life insurance may be made by minors","order_by":null,"url":"\/38.2-3105\/"}],"permalink":{"id":214213,"object_type":"law","relational_id":76812,"identifier":"38.2-302","token":"38.2\/3\/38.2-302","url":"\/38.2-302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-302\/","token":"38.2\/3\/38.2-302","dublin_core":{"Title":"Life, accident, and sickness insurance; application required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No contract<\/span> of insurance<\/span> upon a person<\/span> shall be made or effectuated unless at the time of the making of the contract<\/span> the individual insured, being of lawful age and competent to contract<\/span> for the insurance<\/span> contract<\/span>, (i) applies for insurance<\/span> or (ii) consents in writing to the insurance<\/span> contract<\/span>. However: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Either spouse may effect an insurance<\/span> contract<\/span> upon each other; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person<\/span> having an insurable interest in the life of a minor<\/span>, or any person<\/span> upon whom a minor<\/span> is dependent for support and maintenance, may effect an insurance<\/span> contract<\/span> upon the life of or pertaining to the minor<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A corporate employer or an employee benefit trust having the insurable interest described in subdivision B 3 of § 38.2-301<\/a> may effect an insurance<\/span> contract<\/span> upon the lives of such employees, provided that the employer or trust provides the employee with notice in writing that such insurance<\/span> has been purchased, the amount of such coverage, and to whom benefits are payable in the event of the employee’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this section shall prohibit a minor<\/span> from obtaining insurance<\/span> on his own life as authorized in § 38.2-3105<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIFE, ACCIDENT, AND SICKNESS INSURANCE; APPLICATION REQUIRED (\u00a7 38.2-302)\n\nA. No contract of insurance upon a person shall be made or effectuated unless at\nthe time of the making of the contract the individual insured, being of lawful\nage and competent to contract for the insurance contract, (i) applies for\ninsurance or (ii) consents in writing to the insurance contract. However:\n\n 1. Either spouse may effect an insurance contract upon each other;\n\n 2. Any person having an insurable interest in the life of a minor, or any\n person upon whom a minor is dependent for support and maintenance, may effect\n an insurance contract upon the life of or pertaining to the minor; or\n\n 3. A corporate employer or an employee benefit trust having the insurable\n interest described in subdivision B 3 of § 38.2-301 may effect an\n insurance contract upon the lives of such employees, provided that the\n employer or trust provides the employee with notice in writing that such\n insurance has been purchased, the amount of such coverage, and to whom\n benefits are payable in the event of the employee’s death.\n\nB. Nothing in this section shall prohibit a minor from obtaining insurance on\nhis own life as authorized in § 38.2-3105.\n\nHISTORY: 1952, c. 317, \u00a7 38.1-330; 1986, c. 562; 1988, c. 831; 1993, c. 105;\n2020, c. 900.","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}}