{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-508.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-508.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-508.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-508.html"}],"law_id":67626,"edition_id":1,"section_id":67626,"structure_id":13684,"section_number":"38.2-508","catch_line":"Unfair discrimination","history":"Code 1950, \u00a7 38.1-52; 1952, c. 317, \u00a7 38.1-52.7; 1977, c. 529; 1978, c. 441; 1979, c. 324; 1980, c. 404; 1986, c. 562; 1993, c. 130; 2001, c. 34; 2013, cc. 136, 210; 2022, c. 649.","full_text":"No person shall:\n\n1\n\nUnfairly discriminate or permit any unfair discrimination between individuals of the same class and equal expectation of life (i) in the rates charged for any life insurance or annuity contract, or (ii) in the dividends or other benefits payable on the contract, or (iii) in any other of the terms and conditions of the contract;2\n\nUnfairly discriminate or permit any unfair discrimination between individuals of the same class and of essentially the same hazard (i) in the amount of premium, policy fees, or rates charged for any policy or contract of accident or health insurance, (ii) in the benefits payable under such policy or contract, (iii) in any of the terms or conditions of such policy or contract, or (iv) in any other manner;3\n\nRefuse to insure, refuse to continue to insure, or limit the amount, extent or kind of insurance coverage available to an individual, or charge an individual a different rate for the same coverage solely because of blindness, or partial blindness, or mental or physical impairments, unless the refusal, limitation or rate differential is based on sound actuarial principles. This paragraph shall not be interpreted to modify any other provision of law relating to the termination, modification, issuance or renewal of any insurance policy or contract;4\n\nUnfairly discriminate or permit any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling or limiting the amount of insurance coverage solely because of the geographic location of the individual or risk, unless:\n\t\t\ta. The refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair discrimination; or\n\t\t\tb. The refusal, cancellation or limitation is required by law or regulatory mandate;5\n\nMake or permit any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling or limiting the amount of insurance coverage on a residential property risk, or the personal property contained in a residential property risk, solely because of the age of the residential property, unless:\n\t\t\ta. The refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair discrimination; or\n\t\t\tb. The refusal, cancellation or limitation is required by law or regulatory mandate;6\n\nRefuse to issue or renew any individual accident and sickness insurance policy or contract for coverage over and above any lifetime benefit of a group accident and sickness policy or contract solely because an individual is insured under a group accident and sickness insurance policy or contract, provided that medical expenses covered by both individual and group coverage shall be paid first by the group policy or contract to the extent of the group coverage;7\n\nConsider the status of a victim of domestic violence as a criterion in any decision with regard to insurance underwriting, pricing, renewal, scope of coverage, or payment of claims on any and all insurance defined in § 38.2-100 and further classified in Article 2 (§ 38.2-101 et seq.) of Chapter 1 of this title, other than (i) legal services plans as provided for in Chapter 44 (§ 38.2-4400 et seq.) of this title and (ii) the insurance classified in §§ 38.2-110 through 38.2-133. The term “domestic violence” means the occurrence of one or more of the following acts by a current or former family member, household member as defined in § 16.1-228, person against whom the victim obtained a protective order or caretaker:\n\t\t\ta. Attempting to cause or causing or threatening another person physical harm, severe emotional distress, psychological trauma, rape or sexual assault;\n\t\t\tb. Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm;\n\t\t\tc. Subjecting another person to false imprisonment; or\n\t\t\td. Attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person.\n\t\t\tNothing in this subsection shall prohibit an insurer or insurance professional from asking about a medical condition or from using medical information to underwrite or to carry out its duties under an insurance policy even if the medical information is related to a medical condition that the insurer or insurance professional knows or has reason to know resulted from domestic violence, to the extent otherwise permitted under this section and other applicable law; or8\n\nRefuse to insure, refuse to continue to insure, or limit the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor. For the purposes of this subdivision, “living organ donor” means a living individual who donates one or more of such individual’s human organs, including bone marrow, to be medically transplanted into the body of another individual.","order_by":null,"text":{"0":{"id":244983,"text":"No person shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":244984,"text":"Unfairly discriminate or permit any unfair discrimination between individuals of the same class and equal expectation of life (i) in the rates charged for any life insurance or annuity contract, or (ii) in the dividends or other benefits payable on the contract, or (iii) in any other of the terms and conditions of the contract;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":244985,"text":"Unfairly discriminate or permit any unfair discrimination between individuals of the same class and of essentially the same hazard (i) in the amount of premium, policy fees, or rates charged for any policy or contract of accident or health insurance, (ii) in the benefits payable under such policy or contract, (iii) in any of the terms or conditions of such policy or contract, or (iv) in any other manner;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":244986,"text":"Refuse to insure, refuse to continue to insure, or limit the amount, extent or kind of insurance coverage available to an individual, or charge an individual a different rate for the same coverage solely because of blindness, or partial blindness, or mental or physical impairments, unless the refusal, limitation or rate differential is based on sound actuarial principles. This paragraph shall not be interpreted to modify any other provision of law relating to the termination, modification, issuance or renewal of any insurance policy or contract;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":244987,"text":"Unfairly discriminate or permit any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling or limiting the amount of insurance coverage solely because of the geographic location of the individual or risk, unless:\n\t\t\ta. The refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair discrimination; or\n\t\t\tb. The refusal, cancellation or limitation is required by law or regulatory mandate;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":244988,"text":"Make or permit any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling or limiting the amount of insurance coverage on a residential property risk, or the personal property contained in a residential property risk, solely because of the age of the residential property, unless:\n\t\t\ta. The refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair discrimination; or\n\t\t\tb. The refusal, cancellation or limitation is required by law or regulatory mandate;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":244989,"text":"Refuse to issue or renew any individual accident and sickness insurance policy or contract for coverage over and above any lifetime benefit of a group accident and sickness policy or contract solely because an individual is insured under a group accident and sickness insurance policy or contract, provided that medical expenses covered by both individual and group coverage shall be paid first by the group policy or contract to the extent of the group coverage;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":244990,"text":"Consider the status of a victim of domestic violence as a criterion in any decision with regard to insurance underwriting, pricing, renewal, scope of coverage, or payment of claims on any and all insurance defined in § 38.2-100 and further classified in Article 2 (§ 38.2-101 et seq.) of Chapter 1 of this title, other than (i) legal services plans as provided for in Chapter 44 (§ 38.2-4400 et seq.) of this title and (ii) the insurance classified in §§ 38.2-110 through 38.2-133. The term “domestic violence” means the occurrence of one or more of the following acts by a current or former family member, household member as defined in § 16.1-228, person against whom the victim obtained a protective order or caretaker:\n\t\t\ta. Attempting to cause or causing or threatening another person physical harm, severe emotional distress, psychological trauma, rape or sexual assault;\n\t\t\tb. Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm;\n\t\t\tc. Subjecting another person to false imprisonment; or\n\t\t\td. Attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person.\n\t\t\tNothing in this subsection shall prohibit an insurer or insurance professional from asking about a medical condition or from using medical information to underwrite or to carry out its duties under an insurance policy even if the medical information is related to a medical condition that the insurer or insurance professional knows or has reason to know resulted from domestic violence, to the extent otherwise permitted under this section and other applicable law; or","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":244991,"text":"Refuse to insure, refuse to continue to insure, or limit the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor. For the purposes of this subdivision, “living organ donor” means a living individual who donates one or more of such individual’s human organs, including bone marrow, to be medically transplanted into the body of another individual.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":13684,"edition_id":1,"name":"Unfair Trade Practices","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:33","date_modified":"2026-06-26 03:45:33","permalink":{"id":217475,"object_type":"structure","relational_id":13684,"identifier":"5","token":"38.2\/5","url":"\/38.2\/5\/","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":66905,"structure_id":13684,"section_number":"38.2-500","catch_line":"Declaration of purpose","url":"\/38.2-500\/","token":"38.2\/5\/38.2-500","metadata":false},{"id":79956,"structure_id":13684,"section_number":"38.2-501","catch_line":"Definitions","url":"\/38.2-501\/","token":"38.2\/5\/38.2-501","metadata":false},{"id":79437,"structure_id":13684,"section_number":"38.2-502","catch_line":"Misrepresentations and false advertising of insurance policies","url":"\/38.2-502\/","token":"38.2\/5\/38.2-502","metadata":false},{"id":54663,"structure_id":13684,"section_number":"38.2-503","catch_line":"False information and advertising generally","url":"\/38.2-503\/","token":"38.2\/5\/38.2-503","metadata":false},{"id":82451,"structure_id":13684,"section_number":"38.2-504","catch_line":"Defamation","url":"\/38.2-504\/","token":"38.2\/5\/38.2-504","metadata":false},{"id":84128,"structure_id":13684,"section_number":"38.2-505","catch_line":"Boycott, coercion and intimidation","url":"\/38.2-505\/","token":"38.2\/5\/38.2-505","metadata":false},{"id":78214,"structure_id":13684,"section_number":"38.2-506","catch_line":"False statements and entries","url":"\/38.2-506\/","token":"38.2\/5\/38.2-506","metadata":false},{"id":56726,"structure_id":13684,"section_number":"38.2-507","catch_line":"Stock operations and advisory board contracts","url":"\/38.2-507\/","token":"38.2\/5\/38.2-507","metadata":false},{"id":67626,"structure_id":13684,"section_number":"38.2-508","catch_line":"Unfair discrimination","url":"\/38.2-508\/","token":"38.2\/5\/38.2-508","metadata":false},{"id":80488,"structure_id":13684,"section_number":"38.2-508.1","catch_line":"Unfair discrimination; members of the armed forces","url":"\/38.2-508.1\/","token":"38.2\/5\/38.2-508.1","metadata":false},{"id":63719,"structure_id":13684,"section_number":"38.2-508.2","catch_line":"Discrimination prohibited","url":"\/38.2-508.2\/","token":"38.2\/5\/38.2-508.2","metadata":false},{"id":79096,"structure_id":13684,"section_number":"38.2-508.3","catch_line":"Consideration of Medicaid eligibility prohibited","url":"\/38.2-508.3\/","token":"38.2\/5\/38.2-508.3","metadata":false},{"id":61622,"structure_id":13684,"section_number":"38.2-508.4","catch_line":"Genetic information privacy","url":"\/38.2-508.4\/","token":"38.2\/5\/38.2-508.4","metadata":false},{"id":77794,"structure_id":13684,"section_number":"38.2-508.5","catch_line":"Re-underwriting individual under existing group or individual accident and sickness insurance policy prohibited; exceptions","url":"\/38.2-508.5\/","token":"38.2\/5\/38.2-508.5","metadata":false},{"id":66721,"structure_id":13684,"section_number":"38.2-509","catch_line":"Rebates","url":"\/38.2-509\/","token":"38.2\/5\/38.2-509","metadata":false},{"id":56597,"structure_id":13684,"section_number":"38.2-510","catch_line":"Unfair claim settlement practices","url":"\/38.2-510\/","token":"38.2\/5\/38.2-510","metadata":false},{"id":80252,"structure_id":13684,"section_number":"38.2-511","catch_line":"Failure to maintain record of complaints","url":"\/38.2-511\/","token":"38.2\/5\/38.2-511","metadata":false},{"id":77547,"structure_id":13684,"section_number":"38.2-512","catch_line":"Misrepresentation in insurance documents or communications","url":"\/38.2-512\/","token":"38.2\/5\/38.2-512","metadata":false},{"id":64491,"structure_id":13684,"section_number":"38.2-513","catch_line":"Repealed","url":"\/38.2-513\/","token":"38.2\/5\/38.2-513","metadata":false},{"id":68759,"structure_id":13684,"section_number":"38.2-513.1","catch_line":"Insurance sales by depository institutions and other lending institutions","url":"\/38.2-513.1\/","token":"38.2\/5\/38.2-513.1","metadata":false},{"id":84848,"structure_id":13684,"section_number":"38.2-514","catch_line":"Failure to make disclosure","url":"\/38.2-514\/","token":"38.2\/5\/38.2-514","metadata":false},{"id":75763,"structure_id":13684,"section_number":"38.2-514.1","catch_line":"Disclosure required","url":"\/38.2-514.1\/","token":"38.2\/5\/38.2-514.1","metadata":false},{"id":72002,"structure_id":13684,"section_number":"38.2-514.2","catch_line":"Disclosures required of motor vehicle rental contract insurance agents and enrollers","url":"\/38.2-514.2\/","token":"38.2\/5\/38.2-514.2","metadata":false},{"id":77046,"structure_id":13684,"section_number":"38.2-515","catch_line":"Power of Commission","url":"\/38.2-515\/","token":"38.2\/5\/38.2-515","metadata":false},{"id":62747,"structure_id":13684,"section_number":"38.2-515.1","catch_line":"Power of Commission; policies issued outside of the Commonwealth","url":"\/38.2-515.1\/","token":"38.2\/5\/38.2-515.1","metadata":false},{"id":67332,"structure_id":13684,"section_number":"38.2-516","catch_line":"Prohibited compensation for intra-company replacement","url":"\/38.2-516\/","token":"38.2\/5\/38.2-516","metadata":false},{"id":76418,"structure_id":13684,"section_number":"38.2-517","catch_line":"Unfair settlement practices; replacement and repair; penalty","url":"\/38.2-517\/","token":"38.2\/5\/38.2-517","metadata":false},{"id":74674,"structure_id":13684,"section_number":"38.2-518","catch_line":"Certificates of insurance","url":"\/38.2-518\/","token":"38.2\/5\/38.2-518","metadata":false}],"previous_section":{"id":56726,"structure_id":13684,"section_number":"38.2-507","catch_line":"Stock operations and advisory board contracts","url":"\/38.2-507\/","token":"38.2\/5\/38.2-507","metadata":false},"next_section":{"id":80488,"structure_id":13684,"section_number":"38.2-508.1","catch_line":"Unfair discrimination; members of the armed forces","url":"\/38.2-508.1\/","token":"38.2\/5\/38.2-508.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-508\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1952, chapter 317; in 1977, chapter 529; in 1978, chapter 441; in 1979, chapter 324; in 1980, chapter 404; in 1986, chapter 562; in 1993, chapter 130; in 2001, chapter 34<\/a>; in 2013, chapters 136<\/a> and 210<\/a>; in 2022, chapter 649<\/a>.<\/p>","references":[{"id":63732,"section_number":"2.2-515.2","catch_line":"Address confidentiality program established; victims of domestic violence, stalking, child abduction, sexual violence, or human trafficking; application; disclosure of records","order_by":null,"url":"\/2.2-515.2\/"},{"id":70889,"section_number":"38.2-3738","catch_line":"What laws applicable","order_by":null,"url":"\/38.2-3738\/"},{"id":66721,"section_number":"38.2-509","catch_line":"Rebates","order_by":null,"url":"\/38.2-509\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":59918,"section_number":"38.2-100","catch_line":"Definitions","order_by":null,"url":"\/38.2-100\/"},{"id":72897,"section_number":"38.2-101","catch_line":"Classification of insurance","order_by":null,"url":"\/38.2-101\/"},{"id":56505,"section_number":"38.2-110","catch_line":"Fire","order_by":null,"url":"\/38.2-110\/"},{"id":85493,"section_number":"38.2-133","catch_line":"Contingent and consequential losses","order_by":null,"url":"\/38.2-133\/"},{"id":67200,"section_number":"38.2-4400","catch_line":"Definitions","order_by":null,"url":"\/38.2-4400\/"}],"permalink":{"id":217509,"object_type":"law","relational_id":67626,"identifier":"38.2-508","token":"38.2\/5\/38.2-508","url":"\/38.2-508\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-508\/","token":"38.2\/5\/38.2-508","dublin_core":{"Title":"Unfair discrimination","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-508","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No person<\/span> shall:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Unfairly discriminate or permit any unfair discrimination between individuals of the same class and equal expectation of life (i) in the rates<\/span><\/span> charged for any life insurance<\/span> or annuity contract<\/span>, or (ii) in the dividends or other benefits payable on the contract<\/span>, or (iii) in any other of the terms and conditions of the contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Unfairly discriminate or permit any unfair discrimination between individuals of the same class and of essentially the same hazard (i) in the amount of premium, policy fees, or rates<\/span><\/span> charged for any policy or contract<\/span> of accident or health insurance<\/span>, (ii) in the benefits payable under such policy or contract<\/span>, (iii) in any of the terms or conditions of such policy or contract<\/span>, or (iv) in any other manner; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Refuse to insure, refuse to continue to insure, or limit the amount, extent or kind of insurance coverage available to an individual, or charge an individual a different rate<\/span> for the same coverage solely because of blindness, or partial blindness, or mental or physical impairments, unless the refusal, limitation or rate<\/span> differential is based on sound actuarial principles. This paragraph shall not be interpreted to modify any other provision of law<\/span> relating to the termination, modification, issuance or renewal of any insurance policy<\/span> or contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Unfairly discriminate or permit any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue<\/span>, refusing to renew, cancelling or limiting the amount of insurance coverage solely because of the geographic location of the individual or risk, unless:\n\t\t\ta. The refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair discrimination; or\n\t\t\tb. The refusal, cancellation or limitation is required by law<\/span> or regulatory mandate<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Make or permit any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue<\/span>, refusing to renew, cancelling or limiting the amount of insurance coverage on a residential property risk, or the personal property contained in a residential property risk, solely because of the age of the residential property, unless:\n\t\t\ta. The refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair discrimination; or\n\t\t\tb. The refusal, cancellation or limitation is required by law<\/span> or regulatory mandate<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Refuse to issue<\/span> or renew any individual accident and sickness insurance policy<\/span> or contract<\/span> for coverage over and above any lifetime benefit of a group accident and sickness policy or contract<\/span> solely because an individual is insured under a group accident and sickness insurance policy<\/span> or contract<\/span>, provided that medical expenses covered by both individual and group coverage shall be paid first by the group policy or contract<\/span> to the extent of the group coverage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Consider the status of a victim of domestic violence<\/span> as a criterion in any decision with regard to insurance underwriting, pricing, renewal, scope of coverage, or payment of claims on any and all insurance defined in § 38.2-100<\/a> and further classified in Article 2 (§ 38.2-101<\/a> et seq.) of Chapter 1 of this title, other than (i) legal services plans as provided for in Chapter 44 (§ 38.2-4400<\/a> et seq.) of this title and (ii) the insurance classified in §§ 38.2-110<\/a> through 38.2-133<\/a>. The term “domestic violence<\/span>” means the occurrence of one or more of the following acts by a current or former family member, household member as defined in § 16.1-228<\/a>, person<\/span> against whom the victim obtained a protective order<\/span> or caretaker:\n\t\t\ta. Attempting to cause or causing or threatening another person<\/span> physical harm, severe emotional distress, psychological trauma, rape<\/span> or sexual assault<\/span>;\n\t\t\tb. Engaging in a course of conduct or repeatedly committing acts toward another person<\/span>, including following the person<\/span> without proper authority, under circumstances that place the person<\/span> in reasonable fear of bodily injury or physical harm;\n\t\t\tc. Subjecting another person<\/span> to false imprisonment; or\n\t\t\td. Attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person<\/span>.\n\t\t\tNothing in this subsection shall prohibit an insurer<\/span> or insurance professional from asking about a medical condition or from using medical information to underwrite or to carry out its duties under an insurance policy<\/span> even if the medical information is related to a medical condition that the insurer<\/span> or insurance professional knows or has reason to know resulted from domestic violence<\/span>, to the extent otherwise permitted under this section and other applicable law<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Refuse to insure, refuse to continue to insure, or limit the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or charge an individual a different rate<\/span> for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor<\/span>. For the purposes of this subdivision, “living organ donor<\/span>” means a living individual who donates one or more of such individual’s human organs, including bone marrow, to be medically transplanted into the body of another individual. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNFAIR DISCRIMINATION (\u00a7 38.2-508)\n\nNo person shall:\n\n1. Unfairly discriminate or permit any unfair discrimination between individuals\nof the same class and equal expectation of life (i) in the rates charged for any\nlife insurance or annuity contract, or (ii) in the dividends or other benefits\npayable on the contract, or (iii) in any other of the terms and conditions of\nthe contract;\n\n2. Unfairly discriminate or permit any unfair discrimination between individuals\nof the same class and of essentially the same hazard (i) in the amount of\npremium, policy fees, or rates charged for any policy or contract of accident or\nhealth insurance, (ii) in the benefits payable under such policy or contract,\n(iii) in any of the terms or conditions of such policy or contract, or (iv) in\nany other manner;\n\n3. Refuse to insure, refuse to continue to insure, or limit the amount, extent\nor kind of insurance coverage available to an individual, or charge an\nindividual a different rate for the same coverage solely because of blindness,\nor partial blindness, or mental or physical impairments, unless the refusal,\nlimitation or rate differential is based on sound actuarial principles. This\nparagraph shall not be interpreted to modify any other provision of law relating\nto the termination, modification, issuance or renewal of any insurance policy or\ncontract;\n\n4. Unfairly discriminate or permit any unfair discrimination between individuals\nor risks of the same class and of essentially the same hazards by refusing to\nissue, refusing to renew, cancelling or limiting the amount of insurance\ncoverage solely because of the geographic location of the individual or risk,\nunless:\n\t\t\ta. The refusal, cancellation or limitation is for a business purpose that is\nnot a mere pretext for unfair discrimination; or\n\t\t\tb. The refusal, cancellation or limitation is required by law or regulatory\nmandate;\n\n5. Make or permit any unfair discrimination between individuals or risks of the\nsame class and of essentially the same hazards by refusing to issue, refusing to\nrenew, cancelling or limiting the amount of insurance coverage on a residential\nproperty risk, or the personal property contained in a residential property\nrisk, solely because of the age of the residential property, unless:\n\t\t\ta. The refusal, cancellation or limitation is for a business purpose that is\nnot a mere pretext for unfair discrimination; or\n\t\t\tb. The refusal, cancellation or limitation is required by law or regulatory\nmandate;\n\n6. Refuse to issue or renew any individual accident and sickness insurance\npolicy or contract for coverage over and above any lifetime benefit of a group\naccident and sickness policy or contract solely because an individual is insured\nunder a group accident and sickness insurance policy or contract, provided that\nmedical expenses covered by both individual and group coverage shall be paid\nfirst by the group policy or contract to the extent of the group coverage;\n\n7. Consider the status of a victim of domestic violence as a criterion in any\ndecision with regard to insurance underwriting, pricing, renewal, scope of\ncoverage, or payment of claims on any and all insurance defined in §\n38.2-100 and further classified in Article 2 (§ 38.2-101 et seq.) of\nChapter 1 of this title, other than (i) legal services plans as provided for in\nChapter 44 (§ 38.2-4400 et seq.) of this title and (ii) the insurance\nclassified in §§ 38.2-110 through 38.2-133. The term “domestic\nviolence” means the occurrence of one or more of the following acts by a\ncurrent or former family member, household member as defined in § 16.1-228,\nperson against whom the victim obtained a protective order or caretaker:\n\t\t\ta. Attempting to cause or causing or threatening another person physical\nharm, severe emotional distress, psychological trauma, rape or sexual assault;\n\t\t\tb. Engaging in a course of conduct or repeatedly committing acts toward\nanother person, including following the person without proper authority, under\ncircumstances that place the person in reasonable fear of bodily injury or\nphysical harm;\n\t\t\tc. Subjecting another person to false imprisonment; or\n\t\t\td. Attempting to cause or causing damage to property so as to intimidate or\nattempt to control the behavior of another person.\n\t\t\tNothing in this subsection shall prohibit an insurer or insurance\nprofessional from asking about a medical condition or from using medical\ninformation to underwrite or to carry out its duties under an insurance policy\neven if the medical information is related to a medical condition that the\ninsurer or insurance professional knows or has reason to know resulted from\ndomestic violence, to the extent otherwise permitted under this section and\nother applicable law; or\n\n8. Refuse to insure, refuse to continue to insure, or limit the amount or extent\nof life insurance, disability insurance, or long-term care insurance coverage\navailable to an individual or charge an individual a different rate for the same\ncoverage based solely and without any additional actuarial risks upon the status\nof such individual as a living organ donor. For the purposes of this\nsubdivision, “living organ donor” means a living individual who\ndonates one or more of such individual’s human organs, including bone\nmarrow, to be medically transplanted into the body of another individual.\n\nHISTORY: Code 1950, \u00a7 38.1-52; 1952, c. 317, \u00a7 38.1-52.7; 1977, c. 529; 1978,\nc. 441; 1979, c. 324; 1980, c. 404; 1986, c. 562; 1993, c. 130; 2001, c. 34;\n2013, cc. 136, 210; 2022, c. 649.","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}}