{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-317.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-317.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-317.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-317.html"}],"law_id":77188,"edition_id":1,"section_id":77188,"structure_id":13680,"section_number":"38.2-317","catch_line":"Delivery and use of certain policies and endorsements","history":"1976, c. 278, \u00a7 38.1-279.48:1; 1986, c. 562; 1988, c. 523; 1993, c. 985; 1997, c. 26; 2000, cc. 526, 548; 2021, Sp. Sess. I, c. 138.","full_text":"A\n\nNo insurance policy or endorsement of the kind to which Chapter 19 (§ 38.2-1900 et seq.) applies shall be delivered or issued for delivery in the Commonwealth unless the policy form or endorsement is filed with the Commission prior to its effective date. The provisions of this section shall not apply to statutory fire insurance policies, standard automobile policy forms and endorsements, workers’ compensation and employers’ liability insurance as defined in § 38.2-119, surety insurance as defined in § 38.2-121, or insurance of large commercial risks as defined in § 38.2-1903.1.B\n\nThe Commission may disapprove or withdraw approval of the policy form or endorsement to which the section applies if the policy form or endorsement:1\n\nIs in violation of any provision of this title;2\n\nContains provisions that are contrary to the public policy of this Commonwealth;3\n\nContains or incorporates by reference, even where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the policy;4\n\nHas any title, heading, or other indication of its provisions that is misleading;5\n\nContains provisions that are so unclear or deceptively worded that they encourage misrepresentation; or6\n\nProvides coverage of such a limited nature that it is contrary to the public interest of the Commonwealth.C\n\nNo policy form or endorsement specified in subsection A shall be delivered, issued for delivery, or used in the Commonwealth unless the policy form or endorsement has been approved in writing by the Commission as conforming to the requirements of this title and not inconsistent with law. Within 30 days after the filing of any policy form or endorsement requiring approval pursuant to this section, the Commission shall notify the insurer or rate service organization filing the policy form or endorsement of its approval or disapproval, 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 policy form or endorsement. Any policy form or endorsement 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 policy form or endorsement shall be deemed approved under the provisions of this section unless written notice of the intent to use the policy form or endorsement has been filed with the Commission.D\n\nIf the Commission proposes to withdraw approval previously given or deemed given to the policy form or endorsement to which this section applies, it shall notify the insurer in writing at least ninety days prior to the proposed effective date of withdrawal giving its reasons for withdrawal.E\n\nThe policy and endorsement forms referred to in subsection A of this section in use on October 1, 1976, may continue to be used, subject to disapproval by the Commission.F\n\nThe Commission may by rule exempt any person, class of persons, or market segment from any or all of the provisions of this section. 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.G\n\nThe policy and endorsement forms referred to in subsection A of this section shall be open to public inspection. Copies may be obtained by any person on request and upon payment of a reasonable charge for the copies.H\n\nAny insurer whose rate service organization files on behalf of such insurer shall notify the Commission prior to the effective date of any filing if the insurer is not going to accept the filing made on its behalf.I\n\nNotwithstanding anything to the contrary in subsection A, the provisions of this section shall apply to policies and endorsements of credit involuntary unemployment insurance, as defined in § 38.2-122.1, and to policies and endorsements of credit property insurance, as defined in § 38.2-122.2, delivered or issued for delivery in this Commonwealth, and to certificates of credit involuntary unemployment insurance and credit property insurance delivered or issued for delivery in this Commonwealth where the group policy is delivered in another state.","order_by":null,"text":{"0":{"id":276886,"text":"No insurance policy or endorsement of the kind to which Chapter 19 (§ 38.2-1900 et seq.) applies shall be delivered or issued for delivery in the Commonwealth unless the policy form or endorsement is filed with the Commission prior to its effective date. The provisions of this section shall not apply to statutory fire insurance policies, standard automobile policy forms and endorsements, workers’ compensation and employers’ liability insurance as defined in § 38.2-119, surety insurance as defined in § 38.2-121, or insurance of large commercial risks as defined in § 38.2-1903.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276887,"text":"The Commission may disapprove or withdraw approval of the policy form or endorsement to which the section applies if the policy form or endorsement:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":276888,"text":"Is in violation of any provision of this title;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":276889,"text":"Contains provisions that are contrary to the public policy of this Commonwealth;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":276890,"text":"Contains or incorporates by reference, even where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the policy;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":276891,"text":"Has any title, heading, or other indication of its provisions that is misleading;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":276892,"text":"Contains provisions that are so unclear or deceptively worded that they encourage misrepresentation; or","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":276893,"text":"Provides coverage of such a limited nature that it is contrary to the public interest of the Commonwealth.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":276894,"text":"No policy form or endorsement specified in subsection A shall be delivered, issued for delivery, or used in the Commonwealth unless the policy form or endorsement has been approved in writing by the Commission as conforming to the requirements of this title and not inconsistent with law. Within 30 days after the filing of any policy form or endorsement requiring approval pursuant to this section, the Commission shall notify the insurer or rate service organization filing the policy form or endorsement of its approval or disapproval, 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 policy form or endorsement. Any policy form or endorsement 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 policy form or endorsement shall be deemed approved under the provisions of this section unless written notice of the intent to use the policy form or endorsement has been filed with the Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"9":{"id":276895,"text":"If the Commission proposes to withdraw approval previously given or deemed given to the policy form or endorsement to which this section applies, it shall notify the insurer in writing at least ninety days prior to the proposed effective date of withdrawal giving its reasons for withdrawal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":276896,"text":"The policy and endorsement forms referred to in subsection A of this section in use on October 1, 1976, may continue to be used, subject to disapproval by the Commission.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":276897,"text":"The Commission may by rule exempt any person, class of persons, or market segment from any or all of the provisions of this section. 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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":276898,"text":"The policy and endorsement forms referred to in subsection A of this section shall be open to public inspection. Copies may be obtained by any person on request and upon payment of a reasonable charge for the copies.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":276899,"text":"Any insurer whose rate service organization files on behalf of such insurer shall notify the Commission prior to the effective date of any filing if the insurer is not going to accept the filing made on its behalf.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"14":{"id":276900,"text":"Notwithstanding anything to the contrary in subsection A, the provisions of this section shall apply to policies and endorsements of credit involuntary unemployment insurance, as defined in § 38.2-122.1, and to policies and endorsements of credit property insurance, as defined in § 38.2-122.2, delivered or issued for delivery in this Commonwealth, and to certificates of credit involuntary unemployment insurance and credit property insurance delivered or issued for delivery in this Commonwealth where the group policy is delivered in another state.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-317\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 278 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 5 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 523; in 1993, chapter 985; in 1997, chapter 26<\/a>; in 2000, chapters 526<\/a> and 548<\/a>.<\/p>","references":[{"id":72319,"section_number":"38.2-2128","catch_line":"Certain exclusions permitted","order_by":null,"url":"\/38.2-2128\/"}],"refers_to":[{"id":80898,"section_number":"38.2-119","catch_line":"Workers' compensation and employers' liability","order_by":null,"url":"\/38.2-119\/"},{"id":82253,"section_number":"38.2-121","catch_line":"Surety","order_by":null,"url":"\/38.2-121\/"},{"id":69638,"section_number":"38.2-122.1","catch_line":"Credit involuntary unemployment insurance","order_by":null,"url":"\/38.2-122.1\/"},{"id":69580,"section_number":"38.2-122.2","catch_line":"Credit property insurance","order_by":null,"url":"\/38.2-122.2\/"},{"id":66229,"section_number":"38.2-1900","catch_line":"Purposes of chapter","order_by":null,"url":"\/38.2-1900\/"}],"permalink":{"id":214281,"object_type":"law","relational_id":77188,"identifier":"38.2-317","token":"38.2\/3\/38.2-317","url":"\/38.2-317\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-317\/","token":"38.2\/3\/38.2-317","dublin_core":{"Title":"Delivery and use of certain policies and endorsements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-317","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No insurance policy or endorsement of the kind to which Chapter 19 (§ 38.2-1900<\/a> et seq.) applies shall be delivered or issued for delivery in the Commonwealth unless the policy form or endorsement is filed with the Commission<\/span> prior to its effective date. The provisions of this section shall not apply to statutory fire insurance policies<\/span>, standard automobile policy forms and endorsements, workers’ compensation and employers’ liability insurance as defined in § 38.2-119<\/a>, surety<\/span> insurance as defined in § 38.2-121<\/a>, or insurance of large commercial risks as defined in § 38.2-1903.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> may disapprove or withdraw approval of the policy form or endorsement to which the section applies if the policy form or endorsement: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is in violation of any provision of this title; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Contains provisions that are contrary to the public policy of this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Contains or incorporates by reference, even where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the policy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Has any title, heading, or other indication of its provisions that is misleading; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Contains provisions that are so unclear or deceptively worded that they encourage misrepresentation; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Provides coverage of such a limited nature that it is contrary to the public interest of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No policy form or endorsement specified in subsection A shall be delivered, issued for delivery, or used in the Commonwealth unless the policy form or endorsement has been approved in writing by the Commission<\/span> as conforming to the requirements of this title and not inconsistent with law<\/span>. Within 30 days after the filing of any policy form or endorsement requiring approval pursuant to this section, the Commission<\/span> shall notify the insurer<\/span> or rate service organization<\/span> filing the policy form or endorsement of its approval or disapproval, 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 policy form or endorsement. Any policy form or endorsement 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 policy form or endorsement shall be deemed approved under the provisions of this section unless written notice of the intent<\/span> to use the policy form or endorsement has been filed with the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Commission<\/span> proposes to withdraw approval previously given or deemed given to the policy form or endorsement to which this section applies, it shall notify the insurer<\/span> in writing at least ninety 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

E.<\/span> The policy and endorsement forms referred to in subsection A of this section in use on October 1, 1976, may continue to be used, subject to disapproval by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Commission<\/span> may by rule exempt any person<\/span>, class of persons<\/span>, or market segment from any or all of the provisions of this section. 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

G.<\/span> The policy and endorsement forms referred to in subsection A of this section shall be open to public inspection. Copies may be obtained by any person<\/span> on request and upon payment of a reasonable charge for the copies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any insurer<\/span> whose rate service organization<\/span> files on behalf of such insurer<\/span> shall notify the Commission<\/span> prior to the effective date of any filing if the insurer<\/span> is not going to accept the filing made on its behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Notwithstanding anything to the contrary in subsection A, the provisions of this section shall apply to policies and endorsements of credit involuntary unemployment insurance, as defined in § 38.2-122.1<\/a>, and to policies and endorsements of credit property insurance, as defined in § 38.2-122.2<\/a>, delivered or issued for delivery in this Commonwealth, and to certificates of credit involuntary unemployment insurance and credit property insurance delivered or issued for delivery in this Commonwealth where the group policy is delivered in another state<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDELIVERY AND USE OF CERTAIN POLICIES AND ENDORSEMENTS (\u00a7 38.2-317)\n\nA. No insurance policy or endorsement of the kind to which Chapter 19 (§\n38.2-1900 et seq.) applies shall be delivered or issued for delivery in the\nCommonwealth unless the policy form or endorsement is filed with the Commission\nprior to its effective date. The provisions of this section shall not apply to\nstatutory fire insurance policies, standard automobile policy forms and\nendorsements, workers’ compensation and employers’ liability\ninsurance as defined in § 38.2-119, surety insurance as defined in §\n38.2-121, or insurance of large commercial risks as defined in §\n38.2-1903.1.\n\nB. The Commission may disapprove or withdraw approval of the policy form or\nendorsement to which the section applies if the policy form or endorsement:\n\n 1. Is in violation of any provision of this title;\n\n 2. Contains provisions that are contrary to the public policy of this\n Commonwealth;\n\n 3. Contains or incorporates by reference, even where such incorporation is\n otherwise permissible, any inconsistent, ambiguous, or misleading clauses or\n exceptions and conditions that deceptively affect the risk purported to be\n assumed in the general coverage of the policy;\n\n 4. Has any title, heading, or other indication of its provisions that is\n misleading;\n\n 5. Contains provisions that are so unclear or deceptively worded that they\n encourage misrepresentation; or\n\n 6. Provides coverage of such a limited nature that it is contrary to the\n public interest of the Commonwealth.\n\nC. No policy form or endorsement specified in subsection A shall be delivered,\nissued for delivery, or used in the Commonwealth unless the policy form or\nendorsement has been approved in writing by the Commission as conforming to the\nrequirements of this title and not inconsistent with law. Within 30 days after\nthe filing of any policy form or endorsement requiring approval pursuant to this\nsection, the Commission shall notify the insurer or rate service organization\nfiling the policy form or endorsement of its approval or disapproval, and in the\nevent of disapproval, its reason therefor. The Commission, at its discretion,\nmay extend for up to an additional 30 days the period within which it shall\napprove or disapprove the policy form or endorsement. Any policy form or\nendorsement 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\npolicy form or endorsement shall be deemed approved under the provisions of this\nsection unless written notice of the intent to use the policy form or\nendorsement has been filed with the Commission.\n\nD. If the Commission proposes to withdraw approval previously given or deemed\ngiven to the policy form or endorsement to which this section applies, it shall\nnotify the insurer in writing at least ninety days prior to the proposed\neffective date of withdrawal giving its reasons for withdrawal.\n\nE. The policy and endorsement forms referred to in subsection A of this section\nin use on October 1, 1976, may continue to be used, subject to disapproval by\nthe Commission.\n\nF. The Commission may by rule exempt any person, class of persons, or market\nsegment from any or all of the provisions of this section. In promulgating an\nexemption, the Commission may consider the nature of the coverage, the person or\npersons to be insured or covered, the competence of the buyer or other parties\nto the contract, and other criteria the Commission considers relevant.\n\nG. The policy and endorsement forms referred to in subsection A of this section\nshall be open to public inspection. Copies may be obtained by any person on\nrequest and upon payment of a reasonable charge for the copies.\n\nH. Any insurer whose rate service organization files on behalf of such insurer\nshall notify the Commission prior to the effective date of any filing if the\ninsurer is not going to accept the filing made on its behalf.\n\nI. Notwithstanding anything to the contrary in subsection A, the provisions of\nthis section shall apply to policies and endorsements of credit involuntary\nunemployment insurance, as defined in § 38.2-122.1, and to policies and\nendorsements of credit property insurance, as defined in § 38.2-122.2,\ndelivered or issued for delivery in this Commonwealth, and to certificates of\ncredit involuntary unemployment insurance and credit property insurance\ndelivered or issued for delivery in this Commonwealth where the group policy is\ndelivered in another state.\n\nHISTORY: 1976, c. 278, \u00a7 38.1-279.48:1; 1986, c. 562; 1988, c. 523; 1993, c.\n985; 1997, c. 26; 2000, cc. 526, 548; 2021, Sp. Sess. I, c. 138.","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}}