{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-316.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-316.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-316.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-316.html"}],"law_id":60466,"edition_id":1,"section_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","history":"1952, c. 317, \u00a7 38.1-342.1; 1972, c. 836; 1973, c. 504; 1977, c. 325; 1986, c. 562; 1990, c. 332; 1994, c. 316; 1996, c. 12; 1998, c. 17; 2004, c. 668; 2020, c. 408; 2022, cc. 131, 132.","full_text":"A\n\nNo policy of life insurance, industrial life insurance, variable life insurance, modified guaranteed life insurance, group life insurance, family leave insurance, accident and sickness insurance, or group accident and sickness insurance; no annuity, modified guaranteed annuity, pure endowment, variable annuity, group annuity, group modified guaranteed annuity, or group variable annuity contract; no health services plan, legal services plan, dental or optometric services plan, or health maintenance organization contract; no dental plan organization dental benefit contract; and no fraternal benefit certificate nor any certificate or evidence of coverage issued in connection with such policy, contract, or plan issued or issued for delivery in Virginia shall be delivered or issued for delivery in the Commonwealth unless a copy of the form has been filed with the Commission. In addition to the above requirement, no policy of accident and sickness insurance or family leave insurance shall be delivered or issued for delivery in the Commonwealth unless the rate manual showing rates, rules, and classification of risks applicable thereto has been filed with the Commission.B\n\nExcept as provided in this section, no application form shall be used with the policy or contract and no rider or endorsement shall be attached to or printed or stamped upon the policy or contract unless the form of such application, rider or endorsement has been filed with the Commission. No individual certificate and no enrollment form shall be used in connection with any group life insurance policy, group accident and sickness insurance policy, group annuity contract, group variable annuity contract, or group family leave insurance policy unless the form for the certificate and enrollment form have been filed with the Commission.C\n\n1. None of the policies, contracts, and certificates specified in subsection A shall be delivered or issued for delivery in the Commonwealth and no applications, enrollment forms, riders, and endorsements shall be used in connection with the policies, contracts, and certificates unless the forms thereof have been approved in writing by the Commission as conforming to the requirements of this title and not inconsistent with law.2\n\nIn addition to the above requirement, no premium rate change applicable to individual accident and sickness insurance policies, subscriber contracts of health services plans, dental or optometric services plans, or fraternal benefit contracts providing individual accident and sickness coverage as authorized in § 38.2-4116 shall be used unless the premium rate change has been approved in writing by the Commission. No premium rate change applicable to individual or group Medicare supplement policies shall be used unless the premium rate change has been approved in writing by the Commission.D\n\nThe Commission may disapprove or withdraw approval of the form of any policy, contract or certificate specified in subsection A, or of any application, enrollment form, rider or endorsement, if the form:1\n\nDoes not comply with the laws of the Commonwealth;2\n\nHas any title, heading, backing or other indication of the contents of any or all of its provisions that is likely to mislead the policyholder, contract holder or certificate holder; or3\n\nContains any provisions that encourage misrepresentation or are misleading, deceptive or contrary to the public policy of the Commonwealth.E\n\nWithin 30 days after the filing of any form requiring approval, the Commission shall notify the organization filing the form of its approval or disapproval of the form which has been filed, and, in the event of disapproval, its reason therefor. The Commission, at its discretion, may extend for up to an additional 30 days the period within which it shall approve or disapprove the form. Any form received but neither approved nor disapproved by the Commission shall be deemed approved at the expiration of the 30 days if the period is not extended, or at the expiration of the extended period, if any; however, no organization shall use a form deemed approved under the provisions of this section until the organization has filed with the Commission a written notice of its intent to use the form together with a copy of the form and the original transmittal letter thereof. The notice shall be filed in the offices of the Commission at least 10 days prior to the organization’s use of the form.F\n\nIf the Commission proposes to withdraw approval previously given or deemed given to the form of any policy, contract or certificate, or of any application, rider or endorsement, it shall notify the insurer in writing at least 15 days prior to the proposed effective date of withdrawal giving its reasons for withdrawal.G\n\nAny insurer or fraternal benefit society aggrieved by the disapproval or withdrawal of approval of any form may proceed as indicated in § 38.2-1926.H\n\nThis section shall not apply to any special rider or endorsement on any policy, except an accident and sickness insurance policy that relates only to the manner of distribution of benefits or to the reservation of rights and benefits under such policy, and that is used at the request of the individual policyholder, contract holder or certificate holder.I\n\nThe Commission may exempt any categories of such policies, contracts, and certificates and any applicable rate manuals from (i) the filing requirements, (ii) the approval requirements of this section, or (iii) both such requirements. The Commission may modify such requirements, subject to such limitations and conditions which the Commission finds appropriate. In promulgating an exemption, the Commission may consider the nature of the coverage, the person or persons to be insured or covered, the competence of the buyer or other parties to the contract, and other criteria the Commission considers relevant.J\n\nIn lieu of complying with the requirements of subsections A, B, and C, any legal services organization operating, conducting, or administering a legal services plan may provide the Commission with an informational filing regarding a subscription contract, enrollment form, rider, or endorsement used by the legal services organization in connection with a legal services plan offered in the Commonwealth together with written notice of its intent to use the form. Upon providing such informational filing and notice, the legal services organization may use the subscription contract, enrollment form, rider, or endorsement without its prior approval by the Commission. This subsection shall not limit the authority of the Commission to review a legal services plan and any subscription contract, enrollment form, rider, or endorsement used in connection therewith and to disapprove the use of such form for any of the grounds set forth in subsection D.K\n\nPursuant to the authority granted by § 38.2-223, the Commission may promulgate such rules and regulations as it may deem necessary to set standards for policy and other form submissions required by this section or § 38.2-3501.","order_by":null,"text":{"0":{"id":221083,"text":"No policy of life insurance, industrial life insurance, variable life insurance, modified guaranteed life insurance, group life insurance, family leave insurance, accident and sickness insurance, or group accident and sickness insurance; no annuity, modified guaranteed annuity, pure endowment, variable annuity, group annuity, group modified guaranteed annuity, or group variable annuity contract; no health services plan, legal services plan, dental or optometric services plan, or health maintenance organization contract; no dental plan organization dental benefit contract; and no fraternal benefit certificate nor any certificate or evidence of coverage issued in connection with such policy, contract, or plan issued or issued for delivery in Virginia shall be delivered or issued for delivery in the Commonwealth unless a copy of the form has been filed with the Commission. In addition to the above requirement, no policy of accident and sickness insurance or family leave insurance shall be delivered or issued for delivery in the Commonwealth unless the rate manual showing rates, rules, and classification of risks applicable thereto has been filed with the Commission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221084,"text":"Except as provided in this section, no application form shall be used with the policy or contract and no rider or endorsement shall be attached to or printed or stamped upon the policy or contract unless the form of such application, rider or endorsement has been filed with the Commission. No individual certificate and no enrollment form shall be used in connection with any group life insurance policy, group accident and sickness insurance policy, group annuity contract, group variable annuity contract, or group family leave insurance policy unless the form for the certificate and enrollment form have been filed with the Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221085,"text":"1. None of the policies, contracts, and certificates specified in subsection A shall be delivered or issued for delivery in the Commonwealth and no applications, enrollment forms, riders, and endorsements shall be used in connection with the policies, contracts, and certificates unless the forms thereof have been approved in writing by the Commission as conforming to the requirements of this title and not inconsistent with law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":221086,"text":"In addition to the above requirement, no premium rate change applicable to individual accident and sickness insurance policies, subscriber contracts of health services plans, dental or optometric services plans, or fraternal benefit contracts providing individual accident and sickness coverage as authorized in § 38.2-4116 shall be used unless the premium rate change has been approved in writing by the Commission. No premium rate change applicable to individual or group Medicare supplement policies shall be used unless the premium rate change has been approved in writing by the Commission.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"4":{"id":221087,"text":"The Commission may disapprove or withdraw approval of the form of any policy, contract or certificate specified in subsection A, or of any application, enrollment form, rider or endorsement, if the form:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"5":{"id":221088,"text":"Does not comply with the laws of the Commonwealth;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"6":{"id":221089,"text":"Has any title, heading, backing or other indication of the contents of any or all of its provisions that is likely to mislead the policyholder, contract holder or certificate holder; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"7":{"id":221090,"text":"Contains any provisions that encourage misrepresentation or are misleading, deceptive or contrary to the public policy of the Commonwealth.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"8":{"id":221091,"text":"Within 30 days after the filing of any form requiring approval, the Commission shall notify the organization filing the form of its approval or disapproval of the form which has been filed, and, in the event of disapproval, its reason therefor. The Commission, at its discretion, may extend for up to an additional 30 days the period within which it shall approve or disapprove the form. Any form received but neither approved nor disapproved by the Commission shall be deemed approved at the expiration of the 30 days if the period is not extended, or at the expiration of the extended period, if any; however, no organization shall use a form deemed approved under the provisions of this section until the organization has filed with the Commission a written notice of its intent to use the form together with a copy of the form and the original transmittal letter thereof. The notice shall be filed in the offices of the Commission at least 10 days prior to the organization’s use of the form.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"9":{"id":221092,"text":"If the Commission proposes to withdraw approval previously given or deemed given to the form of any policy, contract or certificate, or of any application, rider or endorsement, it shall notify the insurer in writing at least 15 days prior to the proposed effective date of withdrawal giving its reasons for withdrawal.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":221093,"text":"Any insurer or fraternal benefit society aggrieved by the disapproval or withdrawal of approval of any form may proceed as indicated in § 38.2-1926.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":221094,"text":"This section shall not apply to any special rider or endorsement on any policy, except an accident and sickness insurance policy that relates only to the manner of distribution of benefits or to the reservation of rights and benefits under such policy, and that is used at the request of the individual policyholder, contract holder or certificate holder.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":221095,"text":"The Commission may exempt any categories of such policies, contracts, and certificates and any applicable rate manuals from (i) the filing requirements, (ii) the approval requirements of this section, or (iii) both such requirements. The Commission may modify such requirements, subject to such limitations and conditions which the Commission finds appropriate. In promulgating an exemption, the Commission may consider the nature of the coverage, the person or persons to be insured or covered, the competence of the buyer or other parties to the contract, and other criteria the Commission considers relevant.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":221096,"text":"In lieu of complying with the requirements of subsections A, B, and C, any legal services organization operating, conducting, or administering a legal services plan may provide the Commission with an informational filing regarding a subscription contract, enrollment form, rider, or endorsement used by the legal services organization in connection with a legal services plan offered in the Commonwealth together with written notice of its intent to use the form. Upon providing such informational filing and notice, the legal services organization may use the subscription contract, enrollment form, rider, or endorsement without its prior approval by the Commission. This subsection shall not limit the authority of the Commission to review a legal services plan and any subscription contract, enrollment form, rider, or endorsement used in connection therewith and to disapprove the use of such form for any of the grounds set forth in subsection D.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"14":{"id":221097,"text":"Pursuant to the authority granted by § 38.2-223, the Commission may promulgate such rules and regulations as it may deem necessary to set standards for policy and other form submissions required by this section or § 38.2-3501.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-316\/","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 11 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 1972, chapter 836; in 1973, chapter 504; in 1977, chapter 325; in 1986, chapter 562; in 1990, chapter 332; in 1994, chapter 316<\/a>; in 1996, chapter 12<\/a>; in 1998, chapter 17<\/a>; in 2004, chapter 668<\/a>; in 2020, chapter 408<\/a>; in 2022, chapters 131<\/a> and 132<\/a>.<\/p>","references":[{"id":67920,"section_number":"38.2-300","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-300\/"},{"id":73524,"section_number":"38.2-3100.3","catch_line":"Requirements of life insurance or annuity contracts used to fund preneed funeral contracts","order_by":null,"url":"\/38.2-3100.3\/"},{"id":65667,"section_number":"38.2-3113.3","catch_line":"Educational loan provisions in life insurance policies","order_by":null,"url":"\/38.2-3113.3\/"},{"id":85582,"section_number":"38.2-316.1","catch_line":"Premium rates","order_by":null,"url":"\/38.2-316.1\/"},{"id":76321,"section_number":"38.2-3407","catch_line":"Health benefit programs","order_by":null,"url":"\/38.2-3407\/"},{"id":78457,"section_number":"38.2-3407.4","catch_line":"Explanation of benefits","order_by":null,"url":"\/38.2-3407.4\/"},{"id":54330,"section_number":"38.2-3501","catch_line":"Policy forms; powers of Commission","order_by":null,"url":"\/38.2-3501\/"},{"id":67462,"section_number":"38.2-3522.1","catch_line":"Limits of group accident and sickness insurance","order_by":null,"url":"\/38.2-3522.1\/"},{"id":81281,"section_number":"38.2-4119","catch_line":"The benefit contract","order_by":null,"url":"\/38.2-4119\/"},{"id":55347,"section_number":"38.2-4214","catch_line":"Application of certain provisions of law","order_by":null,"url":"\/38.2-4214\/"},{"id":86012,"section_number":"38.2-4229.1","catch_line":"Conversion to domestic mutual insurer","order_by":null,"url":"\/38.2-4229.1\/"},{"id":67952,"section_number":"38.2-4319","catch_line":"Statutory construction and relationship to other laws","order_by":null,"url":"\/38.2-4319\/"},{"id":60078,"section_number":"38.2-4408","catch_line":"Application of certain provisions","order_by":null,"url":"\/38.2-4408\/"},{"id":62548,"section_number":"38.2-4509","catch_line":"Application of certain laws","order_by":null,"url":"\/38.2-4509\/"},{"id":76487,"section_number":"38.2-6003","catch_line":"Approval of viatical settlement contracts and disclosure statements","order_by":null,"url":"\/38.2-6003\/"},{"id":81163,"section_number":"38.2-6506","catch_line":"Certification of health benefit plans as qualified health plans","order_by":null,"url":"\/38.2-6506\/"}],"refers_to":[{"id":87496,"section_number":"38.2-223","catch_line":"Rules and regulations; orders","order_by":null,"url":"\/38.2-223\/"},{"id":54330,"section_number":"38.2-3501","catch_line":"Policy forms; powers of Commission","order_by":null,"url":"\/38.2-3501\/"},{"id":64367,"section_number":"38.2-4116","catch_line":"Benefits","order_by":null,"url":"\/38.2-4116\/"}],"permalink":{"id":214269,"object_type":"law","relational_id":60466,"identifier":"38.2-316","token":"38.2\/3\/38.2-316","url":"\/38.2-316\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-316\/","token":"38.2\/3\/38.2-316","dublin_core":{"Title":"Policy forms to be filed with Commission; notice of approval or disapproval; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-316","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No policy of life insurance<\/span>, industrial life insurance<\/span>, variable life insurance<\/span>, modified guaranteed life insurance<\/span>, group life insurance<\/span>, family leave insurance<\/span>, accident and sickness insurance<\/span>, or group accident and sickness insurance<\/span>; no annuity, modified guaranteed annuity, pure endowment, variable annuity, group annuity, group modified guaranteed annuity, or group variable annuity contract<\/span>; no health services plan<\/span>, legal services plan, dental or optometric services plan, or health maintenance organization contract<\/span>; no dental plan organization dental benefit contract<\/span>; and no fraternal benefit certificate nor any certificate or evidence<\/span> of coverage issued in connection with such policy, contract<\/span>, or plan issued or issued for delivery in Virginia shall be delivered or issued for delivery in the Commonwealth unless a copy of the form has been filed with the Commission<\/span>. In addition to the above requirement, no policy of accident and sickness insurance<\/span> or family leave insurance<\/span> shall be delivered or issued for delivery in the Commonwealth unless the rate<\/span> manual showing rates<\/span><\/span>, rules, and classification of risks applicable thereto has been filed with the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in this section, no application form shall be used with the policy or contract<\/span> and no rider or endorsement shall be attached to or printed or stamped upon the policy or contract<\/span> unless the form of such application, rider or endorsement has been filed with the Commission<\/span>. No individual certificate and no enrollment form shall be used in connection with any group life insurance<\/span> policy, group accident and sickness insurance<\/span> policy, group annuity contract<\/span>, group variable annuity contract<\/span>, or group family leave insurance<\/span> policy unless the form for the certificate and enrollment form have been filed with the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. None of the policies, contracts<\/span>, and certificates specified in subsection A shall be delivered or issued for delivery in the Commonwealth and no applications, enrollment forms, riders, and endorsements shall be used in connection with the policies, contracts<\/span>, and certificates unless the forms thereof have been approved in writing by the Commission<\/span> as conforming to the requirements of this title and not inconsistent with law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In addition to the above requirement, no premium rate<\/span> change applicable to individual accident and sickness insurance policies<\/span>, subscriber contracts<\/span> of health services plans<\/span>, dental or optometric services plans, or fraternal benefit contracts<\/span> providing individual accident and sickness coverage as authorized in § 38.2-4116<\/a> shall be used unless the premium rate<\/span> change has been approved in writing by the Commission<\/span>. No premium rate<\/span> change applicable to individual or group Medicare<\/span> supplement policies shall be used unless the premium rate<\/span> change has been approved in writing by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission<\/span> may disapprove or withdraw approval of the form of any policy, contract<\/span> or certificate specified in subsection A, or of any application, enrollment form, rider or endorsement, if the form: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Does not comply with the laws<\/span> of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has any title, heading, backing or other indication of the contents of any or all of its provisions that is likely to mislead the policyholder, contract<\/span> holder or certificate holder; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Contains any provisions that encourage misrepresentation or are misleading, deceptive or contrary to the public policy of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Within 30 days after the filing of any form requiring approval, the Commission<\/span> shall notify the organization filing the form of its approval or disapproval of the form which has been filed, and, in the event of disapproval, its reason therefor. The Commission<\/span>, at its discretion, may extend for up to an additional 30 days the period within which it shall approve or disapprove the form. Any form received but neither approved nor disapproved by the Commission<\/span> shall be deemed approved at the expiration of the 30 days if the period is not extended, or at the expiration of the extended period, if any; however, no organization shall use a form deemed approved under the provisions of this section until the organization has filed with the Commission<\/span> a written notice of its intent<\/span> to use the form together with a copy of the form and the original transmittal letter thereof. The notice shall be filed in the offices of the Commission<\/span> at least 10 days prior to the organization’s use of the form. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the Commission<\/span> proposes to withdraw approval previously given or deemed given to the form of any policy, contract<\/span> or certificate, or of any application, rider or endorsement, it shall notify the insurer<\/span> in writing at least 15 days prior to the proposed effective date of withdrawal giving its reasons for withdrawal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any insurer<\/span> or fraternal benefit society aggrieved by the disapproval or withdrawal of approval of any form may proceed as indicated in § 38.2-1926<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> This section shall not apply to any special rider or endorsement on any policy, except an accident and sickness insurance policy that relates only to the manner of distribution of benefits or to the reservation of rights and benefits under such policy, and that is used at the request of the individual policyholder, contract<\/span> holder or certificate holder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Commission<\/span> may exempt any categories of such policies, contracts<\/span>, and certificates and any applicable rate<\/span> manuals from (i) the filing requirements, (ii) the approval requirements of this section, or (iii) both such requirements. The Commission<\/span> may modify such requirements, subject to such limitations and conditions which the Commission<\/span> finds appropriate. In promulgating an exemption, the Commission<\/span> may consider the nature of the coverage, the person<\/span> or persons<\/span> to be insured or covered, the competence of the buyer or other parties to the contract<\/span>, and other criteria the Commission<\/span> considers relevant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In lieu of complying with the requirements of subsections A, B, and C, any legal services organization operating, conducting, or administering a legal services plan may provide the Commission<\/span> with an informational filing regarding a subscription contract<\/span>, enrollment form, rider, or endorsement used by the legal services organization in connection with a legal services plan offered in the Commonwealth together with written notice of its intent<\/span> to use the form. Upon providing such informational filing and notice, the legal services organization may use the subscription contract<\/span>, enrollment form, rider, or endorsement without its prior approval by the Commission<\/span>. This subsection shall not limit the authority of the Commission<\/span> to review a legal services plan and any subscription contract<\/span>, enrollment form, rider, or endorsement used in connection therewith and to disapprove the use of such form for any of the grounds set forth in subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Pursuant to the authority granted by § 38.2-223<\/a>, the Commission<\/span> may promulgate such rules and regulations as it may deem necessary to set standards for policy and other form submissions required by this section or § 38.2-3501<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOLICY FORMS TO BE FILED WITH COMMISSION; NOTICE OF APPROVAL OR DISAPPROVAL;\nEXCEPTIONS (\u00a7 38.2-316)\n\nA. No policy of life insurance, industrial life insurance, variable life\ninsurance, modified guaranteed life insurance, group life insurance, family\nleave insurance, accident and sickness insurance, or group accident and sickness\ninsurance; no annuity, modified guaranteed annuity, pure endowment, variable\nannuity, group annuity, group modified guaranteed annuity, or group variable\nannuity contract; no health services plan, legal services plan, dental or\noptometric services plan, or health maintenance organization contract; no dental\nplan organization dental benefit contract; and no fraternal benefit certificate\nnor any certificate or evidence of coverage issued in connection with such\npolicy, contract, or plan issued or issued for delivery in Virginia shall be\ndelivered or issued for delivery in the Commonwealth unless a copy of the form\nhas been filed with the Commission. In addition to the above requirement, no\npolicy of accident and sickness insurance or family leave insurance shall be\ndelivered or issued for delivery in the Commonwealth unless the rate manual\nshowing rates, rules, and classification of risks applicable thereto has been\nfiled with the Commission.\n\nB. Except as provided in this section, no application form shall be used with\nthe policy or contract and no rider or endorsement shall be attached to or\nprinted or stamped upon the policy or contract unless the form of such\napplication, rider or endorsement has been filed with the Commission. No\nindividual certificate and no enrollment form shall be used in connection with\nany group life insurance policy, group accident and sickness insurance policy,\ngroup annuity contract, group variable annuity contract, or group family leave\ninsurance policy unless the form for the certificate and enrollment form have\nbeen filed with the Commission.\n\nC. 1. None of the policies, contracts, and certificates specified in subsection\nA shall be delivered or issued for delivery in the Commonwealth and no\napplications, enrollment forms, riders, and endorsements shall be used in\nconnection with the policies, contracts, and certificates unless the forms\nthereof have been approved in writing by the Commission as conforming to the\nrequirements of this title and not inconsistent with law.\n\n 2. In addition to the above requirement, no premium rate change applicable to\n individual accident and sickness insurance policies, subscriber contracts of\n health services plans, dental or optometric services plans, or fraternal\n benefit contracts providing individual accident and sickness coverage as\n authorized in § 38.2-4116 shall be used unless the premium rate change\n has been approved in writing by the Commission. No premium rate change\n applicable to individual or group Medicare supplement policies shall be used\n unless the premium rate change has been approved in writing by the Commission.\n\nD. The Commission may disapprove or withdraw approval of the form of any policy,\ncontract or certificate specified in subsection A, or of any application,\nenrollment form, rider or endorsement, if the form:\n\n 1. Does not comply with the laws of the Commonwealth;\n\n 2. Has any title, heading, backing or other indication of the contents of any\n or all of its provisions that is likely to mislead the policyholder, contract\n holder or certificate holder; or\n\n 3. Contains any provisions that encourage misrepresentation or are misleading,\n deceptive or contrary to the public policy of the Commonwealth.\n\nE. Within 30 days after the filing of any form requiring approval, the\nCommission shall notify the organization filing the form of its approval or\ndisapproval of the form which has been filed, and, in the event of disapproval,\nits reason therefor. The Commission, at its discretion, may extend for up to an\nadditional 30 days the period within which it shall approve or disapprove the\nform. Any form received but neither approved nor disapproved by the Commission\nshall be deemed approved at the expiration of the 30 days if the period is not\nextended, or at the expiration of the extended period, if any; however, no\norganization shall use a form deemed approved under the provisions of this\nsection until the organization has filed with the Commission a written notice of\nits intent to use the form together with a copy of the form and the original\ntransmittal letter thereof. The notice shall be filed in the offices of the\nCommission at least 10 days prior to the organization’s use of the form.\n\nF. If the Commission proposes to withdraw approval previously given or deemed\ngiven to the form of any policy, contract or certificate, or of any application,\nrider or endorsement, it shall notify the insurer in writing at least 15 days\nprior to the proposed effective date of withdrawal giving its reasons for\nwithdrawal.\n\nG. Any insurer or fraternal benefit society aggrieved by the disapproval or\nwithdrawal of approval of any form may proceed as indicated in § 38.2-1926.\n\nH. This section shall not apply to any special rider or endorsement on any\npolicy, except an accident and sickness insurance policy that relates only to\nthe manner of distribution of benefits or to the reservation of rights and\nbenefits under such policy, and that is used at the request of the individual\npolicyholder, contract holder or certificate holder.\n\nI. The Commission may exempt any categories of such policies, contracts, and\ncertificates and any applicable rate manuals from (i) the filing requirements,\n(ii) the approval requirements of this section, or (iii) both such requirements.\nThe Commission may modify such requirements, subject to such limitations and\nconditions which the Commission finds appropriate. In promulgating an exemption,\nthe Commission may consider the nature of the coverage, the person or persons to\nbe insured or covered, the competence of the buyer or other parties to the\ncontract, and other criteria the Commission considers relevant.\n\nJ. In lieu of complying with the requirements of subsections A, B, and C, any\nlegal services organization operating, conducting, or administering a legal\nservices plan may provide the Commission with an informational filing regarding\na subscription contract, enrollment form, rider, or endorsement used by the\nlegal services organization in connection with a legal services plan offered in\nthe Commonwealth together with written notice of its intent to use the form.\nUpon providing such informational filing and notice, the legal services\norganization may use the subscription contract, enrollment form, rider, or\nendorsement without its prior approval by the Commission. This subsection shall\nnot limit the authority of the Commission to review a legal services plan and\nany subscription contract, enrollment form, rider, or endorsement used in\nconnection therewith and to disapprove the use of such form for any of the\ngrounds set forth in subsection D.\n\nK. Pursuant to the authority granted by § 38.2-223, the Commission may\npromulgate such rules and regulations as it may deem necessary to set standards\nfor policy and other form submissions required by this section or §\n38.2-3501.\n\nHISTORY: 1952, c. 317, \u00a7 38.1-342.1; 1972, c. 836; 1973, c. 504; 1977, c. 325;\n1986, c. 562; 1990, c. 332; 1994, c. 316; 1996, c. 12; 1998, c. 17; 2004, c.\n668; 2020, c. 408; 2022, cc. 131, 132.","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}}