{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-602.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-602.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-602.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-602.html"}],"law_id":73837,"edition_id":1,"section_id":73837,"structure_id":14255,"section_number":"38.2-602","catch_line":"Definitions","history":"1981, c. 389, \u00a7 38.1-57.5; 1986, c. 562; 2001, c. 371; 2003, c. 729; 2006, c. 638; 2020, c. 264.","full_text":"As used in this article:\n\t\t“Adverse underwriting decision” means:\n\n1\n\nAny of the following actions with respect to insurance transactions involving insurance coverage that is individually underwritten:\n\t\t\ta. A declination of insurance coverage;\n\t\t\tb. A termination of insurance coverage;\n\t\t\tc. Failure of an agent to apply for insurance coverage with a specific insurance institution that an agent represents and that is requested by an applicant;\n\t\t\td. In the case of a property or casualty insurance coverage:1\n\nPlacement by an insurance institution or agent of a risk with a residual market mechanism or an unlicensed insurer; or2\n\nThe charging of a higher rate on the basis of information that differs from that which the applicant or policyholder furnished; or\n\t\t\t\te. In the case of a life or accident and sickness insurance coverage, an offer to insure at higher than standard rates, or with limitations, exceptions or benefits other than those applied for.2\n\nNotwithstanding subdivision 1 of this definition, the following actions shall not be considered adverse underwriting decisions, but the insurance institution or agent responsible for their occurrence shall provide the applicant or policyholder with the specific reason or reasons for their occurrence:\n\t\t\ta. The termination of an individual policy form on a class or statewide basis;\n\t\t\tb. A declination of insurance coverage solely because such coverage is not available on a class or statewide basis;\n\t\t\tc. The rescission of a policy.\n\t\t\t“Affiliate” or “affiliated” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person.\n\t\t\t“Agent” shall have the meaning as set forth in § 38.2-1800 and shall include surplus lines brokers.\n\t\t\t“Applicant” means any person who seeks to contract for insurance coverage other than a person seeking group insurance that is not individually underwritten.\n\t\t\t“Clear and conspicuous notice” means a notice that is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.\n\t\t\t“Consumer report” means any written, oral, or other communication of information bearing on a natural person’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living that is used or expected to be used in connection with an insurance transaction.\n\t\t\t“Consumer reporting agency” means any person who:1\n\nRegularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a monetary fee;2\n\nObtains information primarily from sources other than insurance institutions; and3\n\nFurnishes consumer reports to other persons.\n\t\t\t“Control,” including the terms “controlled by” or “under common control with,” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person.\n\t\t\t“Declination of insurance coverage” means a denial, in whole or in part, by an insurance institution or agent of requested insurance coverage.\n\t\t\t“Financial information” means personal information other than medical record information or records of payment for the provision of health care to an individual.\n\t\t\t“Financial institution” means any institution the business of which is engaging in financial activities as described in Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. § 1843 (k)).\n\t\t\t“Financial product or service” means any product or service that a financial holding company could offer by engaging in an activity that is financial in nature or incidental to such a financial activity under Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. § 1843 (k)).\n\t\t\t“Individual” means any natural person who:1\n\nIn the case of property or casualty insurance, is a past, present, or proposed named insured or certificate holder;2\n\nIn the case of life or accident and sickness insurance, is a past, present, or proposed principal insured or certificate holder;3\n\nIs a past, present or proposed policyowner;4\n\nIs a past or present applicant;5\n\nIs a past or present claimant;6\n\nDerived, derives, or is proposed to derive insurance coverage under an insurance policy or certificate subject to this article;7\n\nFor the purposes of §§ 38.2-612.1 and 38.2-613, is a beneficiary of a life insurance policy;8\n\nFor the purposes of §§ 38.2-612.1 and 38.2-613, is a mortgagor of a mortgage covered under a mortgage guaranty insurance policy; or9\n\nFor the purposes of §§ 38.2-612.1 and 38.2-613, is an owner of property used as security for an indebtedness for which single interest insurance is required by a lender.\n\t\t\tNotwithstanding any provision of this definition to the contrary, for purposes of § 38.2-612.1, “individual” shall not include any natural person who is covered under an employee benefit plan, group or blanket insurance contract, or group annuity contract when the insurance institution or agent that provides such plan or contract: (i) furnishes the notice required under § 38.2-604.1 to the employee benefit plan sponsor, group or blanket insurance contract holder, or group annuity contract holder; and (ii) does not disclose the financial information of the person to a nonaffiliated third party other than as permitted under § 38.2-613.\n\t\t\t“Institutional source” means any person or governmental entity that provides information about an individual to an agent, insurance institution or insurance-support organization, other than:1\n\nAn agent;2\n\nThe individual who is the subject of the information; or3\n\nA natural person acting in a personal capacity rather than in a business or professional capacity.\n\t\t\t“Insurance institution” means any corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd’s type of organization, fraternal benefit society, or other person engaged in the business of insurance, including health maintenance organizations, and health, legal, dental, and optometric service plans. “Insurance institution” shall not include agents or insurance-support organizations.\n\t\t\t“Insurance-support organization” means any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or agent for insurance transactions, including (i) the furnishing of consumer reports or investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction or (ii) the collection of personal information from insurance institutions, agents or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity. However, the following persons shall not be considered “insurance-support organizations” for purposes of this article: agents, governmental institutions, insurance institutions, medical-care institutions and medical professionals.\n\t\t\t“Insurance transaction” means any transaction involving insurance primarily for personal, family, or household needs rather than business or professional needs that entails:1\n\nThe determination of an individual’s eligibility for an insurance coverage, benefit or payment; or2\n\nThe servicing of an insurance application, policy, contract, or certificate.\n\t\t\t“Investigative consumer report” means a consumer report or a portion thereof in which information about a natural person’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with the person’s neighbors, friends, associates, acquaintances, or others who may have knowledge concerning such items of information.\n\t\t\t“Joint marketing agreement” means a formal written contract pursuant to which an insurance institution jointly offers, endorses, or sponsors a financial product or service with another financial institution.\n\t\t\t“Life insurance” includes annuities.\n\t\t\t“Medical-care institution” means any facility or institution that is licensed to provide health care services to natural persons, including but not limited to, hospitals, skilled nursing facilities, home-health agencies, medical clinics, rehabilitation agencies, and public-health agencies or health-maintenance organizations.\n\t\t\t“Medical professional” means any person licensed or certified to provide health care services to natural persons, including but not limited to, a physician, dentist, nurse, chiropractor, optometrist, physical or occupational therapist, social worker, clinical dietitian, clinical psychologist, licensed professional counselor, licensed marriage and family therapist, pharmacist, or speech therapist.\n\t\t\t“Medical-record information” means personal information that:1\n\nRelates to an individual’s physical or mental condition, medical history, or medical treatment; and2\n\nIs obtained from a medical professional or medical-care institution, from the individual, or from the individual’s spouse, parent, or legal guardian.\n\t\t\t“Nonaffiliated third party” means any person who is not an affiliate of an insurance institution but does not mean (i) an agent who is selling or servicing a product on behalf of the insurance institution or (ii) a person who is employed jointly by the insurance institution and the company that is not an affiliate.\n\t\t\t“Personal information” means any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individual’s character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. “Personal information” includes an individual’s name and address and medical-record information, but does not include (i) privileged information or (ii) any information that is publicly available.\n\t\t\t“Policyholder” means any person who:1\n\nIn the case of individual property or casualty insurance, is a present named insured;2\n\nIn the case of individual life or accident and sickness insurance, is a present policyowner; or3\n\nIn the case of group insurance that is individually underwritten, is a present group certificate holder.\n\t\t\t“Policyholder information” means personal information about a policyholder, whether in paper, electronic, or other form, that is maintained by or on behalf of an insurance institution, agent, or insurance-support organization.\n\t\t\t“Pretext interview” means an interview whereby a person, in an attempt to obtain information about a natural person, performs one or more of the following acts:1\n\nPretends to be someone he or she is not;2\n\nPretends to represent a person he or she is not in fact representing;3\n\nMisrepresents the true purpose of the interview; or4\n\nRefuses to identify himself or herself upon request.\n\t\t\t“Privileged information” means any individually identifiable information that (i) relates to a claim for insurance benefits or a civil or criminal proceeding involving an individual, and (ii) is collected in connection with or in reasonable anticipation of a claim for insurance benefits or civil or criminal proceeding involving an individual.\n\t\t\t“Residual market mechanism” means an association, organization, or other entity defined, described, or provided for in the Virginia Automobile Insurance Plan as set forth in § 38.2-2015, or in the Virginia Property Insurance Association as set forth in Chapter 27 (§ 38.2-2700 et seq.) of this title.\n\t\t\t“Termination of insurance coverage” or “termination of an insurance policy” means either a cancellation or nonrenewal of an insurance policy other than by the policyholder’s request, in whole or in part, for any reason other than the failure to pay a premium as required by the policy.\n\t\t\t“Unlicensed insurer” means an insurance institution that has not been granted a license by the Commission to transact the business of insurance in Virginia.","order_by":null,"text":{"0":{"id":265472,"text":"As used in this article:\n\t\t“Adverse underwriting decision” means:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":265473,"text":"Any of the following actions with respect to insurance transactions involving insurance coverage that is individually underwritten:\n\t\t\ta. A declination of insurance coverage;\n\t\t\tb. A termination of insurance coverage;\n\t\t\tc. Failure of an agent to apply for insurance coverage with a specific insurance institution that an agent represents and that is requested by an applicant;\n\t\t\td. In the case of a property or casualty insurance coverage:","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"11"},"2":{"id":265474,"text":"Placement by an insurance institution or agent of a risk with a residual market mechanism or an unlicensed insurer; or","type":"section","prefixes":["1","1"],"prefix":"1","entire_prefix":"11","prefix_anchor":"11","level":2,"prior_prefix":"1","next_prefix":"12"},"3":{"id":265475,"text":"The charging of a higher rate on the basis of information that differs from that which the applicant or policyholder furnished; or\n\t\t\t\te. In the case of a life or accident and sickness insurance coverage, an offer to insure at higher than standard rates, or with limitations, exceptions or benefits other than those applied for.","type":"section","prefixes":["1","2"],"prefix":"2","entire_prefix":"12","prefix_anchor":"12","level":2,"prior_prefix":"11","next_prefix":"2"},"4":{"id":265476,"text":"Notwithstanding subdivision 1 of this definition, the following actions shall not be considered adverse underwriting decisions, but the insurance institution or agent responsible for their occurrence shall provide the applicant or policyholder with the specific reason or reasons for their occurrence:\n\t\t\ta. The termination of an individual policy form on a class or statewide basis;\n\t\t\tb. A declination of insurance coverage solely because such coverage is not available on a class or statewide basis;\n\t\t\tc. The rescission of a policy.\n\t\t\t“Affiliate” or “affiliated” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person.\n\t\t\t“Agent” shall have the meaning as set forth in § 38.2-1800 and shall include surplus lines brokers.\n\t\t\t“Applicant” means any person who seeks to contract for insurance coverage other than a person seeking group insurance that is not individually underwritten.\n\t\t\t“Clear and conspicuous notice” means a notice that is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.\n\t\t\t“Consumer report” means any written, oral, or other communication of information bearing on a natural person’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living that is used or expected to be used in connection with an insurance transaction.\n\t\t\t“Consumer reporting agency” means any person who:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"12","next_prefix":"1"},"5":{"id":265477,"text":"Regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a monetary fee;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"6":{"id":265478,"text":"Obtains information primarily from sources other than insurance institutions; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"7":{"id":265479,"text":"Furnishes consumer reports to other persons.\n\t\t\t“Control,” including the terms “controlled by” or “under common control with,” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person.\n\t\t\t“Declination of insurance coverage” means a denial, in whole or in part, by an insurance institution or agent of requested insurance coverage.\n\t\t\t“Financial information” means personal information other than medical record information or records of payment for the provision of health care to an individual.\n\t\t\t“Financial institution” means any institution the business of which is engaging in financial activities as described in Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. § 1843 (k)).\n\t\t\t“Financial product or service” means any product or service that a financial holding company could offer by engaging in an activity that is financial in nature or incidental to such a financial activity under Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. § 1843 (k)).\n\t\t\t“Individual” means any natural person who:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"1"},"8":{"id":265480,"text":"In the case of property or casualty insurance, is a past, present, or proposed named insured or certificate holder;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3","next_prefix":"2"},"9":{"id":265481,"text":"In the case of life or accident and sickness insurance, is a past, present, or proposed principal insured or certificate holder;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"10":{"id":265482,"text":"Is a past, present or proposed policyowner;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"11":{"id":265483,"text":"Is a past or present applicant;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"12":{"id":265484,"text":"Is a past or present claimant;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"13":{"id":265485,"text":"Derived, derives, or is proposed to derive insurance coverage under an insurance policy or certificate subject to this article;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"14":{"id":265486,"text":"For the purposes of §§ 38.2-612.1 and 38.2-613, is a beneficiary of a life insurance policy;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"15":{"id":265487,"text":"For the purposes of §§ 38.2-612.1 and 38.2-613, is a mortgagor of a mortgage covered under a mortgage guaranty insurance policy; or","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"16":{"id":265488,"text":"For the purposes of §§ 38.2-612.1 and 38.2-613, is an owner of property used as security for an indebtedness for which single interest insurance is required by a lender.\n\t\t\tNotwithstanding any provision of this definition to the contrary, for purposes of § 38.2-612.1, “individual” shall not include any natural person who is covered under an employee benefit plan, group or blanket insurance contract, or group annuity contract when the insurance institution or agent that provides such plan or contract: (i) furnishes the notice required under § 38.2-604.1 to the employee benefit plan sponsor, group or blanket insurance contract holder, or group annuity contract holder; and (ii) does not disclose the financial information of the person to a nonaffiliated third party other than as permitted under § 38.2-613.\n\t\t\t“Institutional source” means any person or governmental entity that provides information about an individual to an agent, insurance institution or insurance-support organization, other than:","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"1"},"17":{"id":265489,"text":"An agent;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"9","next_prefix":"2"},"18":{"id":265490,"text":"The individual who is the subject of the information; or","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"19":{"id":265491,"text":"A natural person acting in a personal capacity rather than in a business or professional capacity.\n\t\t\t“Insurance institution” means any corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd’s type of organization, fraternal benefit society, or other person engaged in the business of insurance, including health maintenance organizations, and health, legal, dental, and optometric service plans. “Insurance institution” shall not include agents or insurance-support organizations.\n\t\t\t“Insurance-support organization” means any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or agent for insurance transactions, including (i) the furnishing of consumer reports or investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction or (ii) the collection of personal information from insurance institutions, agents or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity. However, the following persons shall not be considered “insurance-support organizations” for purposes of this article: agents, governmental institutions, insurance institutions, medical-care institutions and medical professionals.\n\t\t\t“Insurance transaction” means any transaction involving insurance primarily for personal, family, or household needs rather than business or professional needs that entails:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"1"},"20":{"id":265492,"text":"The determination of an individual’s eligibility for an insurance coverage, benefit or payment; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3","next_prefix":"2"},"21":{"id":265493,"text":"The servicing of an insurance application, policy, contract, or certificate.\n\t\t\t“Investigative consumer report” means a consumer report or a portion thereof in which information about a natural person’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with the person’s neighbors, friends, associates, acquaintances, or others who may have knowledge concerning such items of information.\n\t\t\t“Joint marketing agreement” means a formal written contract pursuant to which an insurance institution jointly offers, endorses, or sponsors a financial product or service with another financial institution.\n\t\t\t“Life insurance” includes annuities.\n\t\t\t“Medical-care institution” means any facility or institution that is licensed to provide health care services to natural persons, including but not limited to, hospitals, skilled nursing facilities, home-health agencies, medical clinics, rehabilitation agencies, and public-health agencies or health-maintenance organizations.\n\t\t\t“Medical professional” means any person licensed or certified to provide health care services to natural persons, including but not limited to, a physician, dentist, nurse, chiropractor, optometrist, physical or occupational therapist, social worker, clinical dietitian, clinical psychologist, licensed professional counselor, licensed marriage and family therapist, pharmacist, or speech therapist.\n\t\t\t“Medical-record information” means personal information that:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"1"},"22":{"id":265494,"text":"Relates to an individual’s physical or mental condition, medical history, or medical treatment; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"23":{"id":265495,"text":"Is obtained from a medical professional or medical-care institution, from the individual, or from the individual’s spouse, parent, or legal guardian.\n\t\t\t“Nonaffiliated third party” means any person who is not an affiliate of an insurance institution but does not mean (i) an agent who is selling or servicing a product on behalf of the insurance institution or (ii) a person who is employed jointly by the insurance institution and the company that is not an affiliate.\n\t\t\t“Personal information” means any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individual’s character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. “Personal information” includes an individual’s name and address and medical-record information, but does not include (i) privileged information or (ii) any information that is publicly available.\n\t\t\t“Policyholder” means any person who:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"1"},"24":{"id":265496,"text":"In the case of individual property or casualty insurance, is a present named insured;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"25":{"id":265497,"text":"In the case of individual life or accident and sickness insurance, is a present policyowner; or","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"26":{"id":265498,"text":"In the case of group insurance that is individually underwritten, is a present group certificate holder.\n\t\t\t“Policyholder information” means personal information about a policyholder, whether in paper, electronic, or other form, that is maintained by or on behalf of an insurance institution, agent, or insurance-support organization.\n\t\t\t“Pretext interview” means an interview whereby a person, in an attempt to obtain information about a natural person, performs one or more of the following acts:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"1"},"27":{"id":265499,"text":"Pretends to be someone he or she is not;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3","next_prefix":"2"},"28":{"id":265500,"text":"Pretends to represent a person he or she is not in fact representing;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"29":{"id":265501,"text":"Misrepresents the true purpose of the interview; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"30":{"id":265502,"text":"Refuses to identify himself or herself upon request.\n\t\t\t“Privileged information” means any individually identifiable information that (i) relates to a claim for insurance benefits or a civil or criminal proceeding involving an individual, and (ii) is collected in connection with or in reasonable anticipation of a claim for insurance benefits or civil or criminal proceeding involving an individual.\n\t\t\t“Residual market mechanism” means an association, organization, or other entity defined, described, or provided for in the Virginia Automobile Insurance Plan as set forth in § 38.2-2015, or in the Virginia Property Insurance Association as set forth in Chapter 27 (§ 38.2-2700 et seq.) of this title.\n\t\t\t“Termination of insurance coverage” or “termination of an insurance policy” means either a cancellation or nonrenewal of an insurance policy other than by the policyholder’s request, in whole or in part, for any reason other than the failure to pay a premium as required by the policy.\n\t\t\t“Unlicensed insurer” means an insurance institution that has not been granted a license by the Commission to transact the business of insurance in Virginia.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":14255,"edition_id":1,"name":"Collection, Use, and Dissemination of Information","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12922,"metadata":{},"date_created":"2026-06-26 03:47:28","date_modified":"2026-06-26 03:47:28","permalink":{"id":218015,"object_type":"structure","relational_id":14255,"identifier":"1","token":"38.2\/6\/1","url":"\/38.2\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12922,"edition_id":1,"name":"Insurance Information and Privacy Protection","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":218013,"object_type":"structure","relational_id":12922,"identifier":"6","token":"38.2\/6","url":"\/38.2\/6\/","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":64742,"structure_id":14255,"section_number":"38.2-600","catch_line":"Purposes","url":"\/38.2-600\/","token":"38.2\/6\/1\/38.2-600","metadata":false},{"id":61470,"structure_id":14255,"section_number":"38.2-601","catch_line":"Application of article","url":"\/38.2-601\/","token":"38.2\/6\/1\/38.2-601","metadata":false},{"id":73837,"structure_id":14255,"section_number":"38.2-602","catch_line":"Definitions","url":"\/38.2-602\/","token":"38.2\/6\/1\/38.2-602","metadata":false},{"id":63985,"structure_id":14255,"section_number":"38.2-603","catch_line":"Pretext interviews","url":"\/38.2-603\/","token":"38.2\/6\/1\/38.2-603","metadata":false},{"id":85852,"structure_id":14255,"section_number":"38.2-604","catch_line":"Notice of information collection and disclosure practices","url":"\/38.2-604\/","token":"38.2\/6\/1\/38.2-604","metadata":false},{"id":64388,"structure_id":14255,"section_number":"38.2-604.1","catch_line":"Notice of financial information collection and disclosure practices","url":"\/38.2-604.1\/","token":"38.2\/6\/1\/38.2-604.1","metadata":false},{"id":79870,"structure_id":14255,"section_number":"38.2-605","catch_line":"Marketing and research surveys","url":"\/38.2-605\/","token":"38.2\/6\/1\/38.2-605","metadata":false},{"id":64763,"structure_id":14255,"section_number":"38.2-606","catch_line":"Content of disclosure authorization forms","url":"\/38.2-606\/","token":"38.2\/6\/1\/38.2-606","metadata":false},{"id":69670,"structure_id":14255,"section_number":"38.2-607","catch_line":"Investigative consumer reports","url":"\/38.2-607\/","token":"38.2\/6\/1\/38.2-607","metadata":false},{"id":81752,"structure_id":14255,"section_number":"38.2-608","catch_line":"Access to recorded personal information","url":"\/38.2-608\/","token":"38.2\/6\/1\/38.2-608","metadata":false},{"id":56196,"structure_id":14255,"section_number":"38.2-609","catch_line":"Correction, amendment, or deletion of recorded personal information","url":"\/38.2-609\/","token":"38.2\/6\/1\/38.2-609","metadata":false},{"id":83133,"structure_id":14255,"section_number":"38.2-610","catch_line":"Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information","url":"\/38.2-610\/","token":"38.2\/6\/1\/38.2-610","metadata":false},{"id":77789,"structure_id":14255,"section_number":"38.2-611","catch_line":"Information concerning previous adverse underwriting decisions","url":"\/38.2-611\/","token":"38.2\/6\/1\/38.2-611","metadata":false},{"id":60819,"structure_id":14255,"section_number":"38.2-612","catch_line":"Bases for adverse underwriting decisions","url":"\/38.2-612\/","token":"38.2\/6\/1\/38.2-612","metadata":false},{"id":64433,"structure_id":14255,"section_number":"38.2-612.1","catch_line":"Special requirements for providing financial information to nonaffiliated third parties","url":"\/38.2-612.1\/","token":"38.2\/6\/1\/38.2-612.1","metadata":false},{"id":56355,"structure_id":14255,"section_number":"38.2-612.2","catch_line":"Protection of the Fair Credit Reporting Act","url":"\/38.2-612.2\/","token":"38.2\/6\/1\/38.2-612.2","metadata":false},{"id":55493,"structure_id":14255,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","url":"\/38.2-613\/","token":"38.2\/6\/1\/38.2-613","metadata":false},{"id":85509,"structure_id":14255,"section_number":"38.2-613.01","catch_line":"Commission to promulgate regulations on disclosure of certain medical test results to insurance applicants","url":"\/38.2-613.01\/","token":"38.2\/6\/1\/38.2-613.01","metadata":false},{"id":58399,"structure_id":14255,"section_number":"38.2-613.1","catch_line":"Disclosure of agent's moratorium required","url":"\/38.2-613.1\/","token":"38.2\/6\/1\/38.2-613.1","metadata":false},{"id":73940,"structure_id":14255,"section_number":"38.2-613.2","catch_line":"Repealed","url":"\/38.2-613.2\/","token":"38.2\/6\/1\/38.2-613.2","metadata":false},{"id":78057,"structure_id":14255,"section_number":"38.2-614","catch_line":"Powers of Commission","url":"\/38.2-614\/","token":"38.2\/6\/1\/38.2-614","metadata":false},{"id":84055,"structure_id":14255,"section_number":"38.2-615","catch_line":"Hearings and procedures","url":"\/38.2-615\/","token":"38.2\/6\/1\/38.2-615","metadata":false},{"id":68943,"structure_id":14255,"section_number":"38.2-616","catch_line":"Service of process on insurance-support organizations","url":"\/38.2-616\/","token":"38.2\/6\/1\/38.2-616","metadata":false},{"id":73310,"structure_id":14255,"section_number":"38.2-617","catch_line":"Individual remedies","url":"\/38.2-617\/","token":"38.2\/6\/1\/38.2-617","metadata":false},{"id":67050,"structure_id":14255,"section_number":"38.2-618","catch_line":"Immunity of persons disclosing information","url":"\/38.2-618\/","token":"38.2\/6\/1\/38.2-618","metadata":false},{"id":79983,"structure_id":14255,"section_number":"38.2-619","catch_line":"Obtaining information under false pretenses","url":"\/38.2-619\/","token":"38.2\/6\/1\/38.2-619","metadata":false},{"id":78715,"structure_id":14255,"section_number":"38.2-620","catch_line":"Repealed","url":"\/38.2-620\/","token":"38.2\/6\/1\/38.2-620","metadata":false}],"previous_section":{"id":61470,"structure_id":14255,"section_number":"38.2-601","catch_line":"Application of article","url":"\/38.2-601\/","token":"38.2\/6\/1\/38.2-601","metadata":false},"next_section":{"id":63985,"structure_id":14255,"section_number":"38.2-603","catch_line":"Pretext interviews","url":"\/38.2-603\/","token":"38.2\/6\/1\/38.2-603","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-602\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 389 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 1981 \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 2001, chapter 371<\/a>; in 2003, chapter 729<\/a>; in 2006, chapter 638<\/a>; in 2020, chapter 264<\/a>.<\/p>","references":[{"id":63152,"section_number":"38.2-1317.1","catch_line":"Examinations; nature and scope","order_by":null,"url":"\/38.2-1317.1\/"},{"id":86014,"section_number":"38.2-621","catch_line":"Definitions","order_by":null,"url":"\/38.2-621\/"},{"id":64871,"section_number":"38.2-627","catch_line":"Powers and duties of the Commission; exclusive state standards","order_by":null,"url":"\/38.2-627\/"},{"id":81924,"section_number":"46.2-322","catch_line":"Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities of applicant; false answers; examination of applicant; physician's, advanced practice registered nurse's, or physician assistant's statement","order_by":null,"url":"\/46.2-322\/"}],"refers_to":[{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"},{"id":69722,"section_number":"38.2-2015","catch_line":"Agreements for equitable apportionment of insurance; reasonable performance standards; Virginia Workers' Compensation Insurance Plan","order_by":null,"url":"\/38.2-2015\/"},{"id":76295,"section_number":"38.2-2700","catch_line":"Purposes of chapter","order_by":null,"url":"\/38.2-2700\/"},{"id":64388,"section_number":"38.2-604.1","catch_line":"Notice of financial information collection and disclosure practices","order_by":null,"url":"\/38.2-604.1\/"},{"id":64433,"section_number":"38.2-612.1","catch_line":"Special requirements for providing financial information to nonaffiliated third parties","order_by":null,"url":"\/38.2-612.1\/"},{"id":55493,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","order_by":null,"url":"\/38.2-613\/"}],"permalink":{"id":218025,"object_type":"law","relational_id":73837,"identifier":"38.2-602","token":"38.2\/6\/1\/38.2-602","url":"\/38.2-602\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-602\/","token":"38.2\/6\/1\/38.2-602","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-602","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:\n\t\t“Adverse underwriting decision” means:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any of the following actions with respect to insurance transactions<\/span> involving insurance coverage that is individually underwritten:\n\t\t\ta. A declination of insurance coverage<\/span>;\n\t\t\tb. A termination of insurance coverage<\/span>;\n\t\t\tc. Failure of an agent<\/span> to apply for insurance coverage with a specific insurance institution<\/span> that an agent<\/span> represents and that is requested by an applicant<\/span>;\n\t\t\td. In the case of a property or casualty insurance coverage: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Placement by an insurance institution<\/span> or agent<\/span> of a risk with a residual market mechanism<\/span> or an unlicensed insurer<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The charging of a higher rate<\/span> on the basis of information that differs from that which the applicant<\/span> or policyholder<\/span> furnished; or\n\t\t\t\te. In the case of a life or accident and sickness insurance coverage, an offer to insure at higher than standard rates<\/span><\/span>, or with limitations, exceptions or benefits other than those applied for. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Notwithstanding subdivision 1 of this definition, the following actions shall not be considered adverse underwriting decisions, but the insurance institution<\/span> or agent<\/span> responsible for their occurrence shall provide the applicant<\/span> or policyholder<\/span> with the specific reason or reasons for their occurrence:\n\t\t\ta. The termination of an individual<\/span> policy form on a class or statewide basis;\n\t\t\tb. A declination of insurance coverage<\/span> solely because such coverage is not available on a class or statewide basis;\n\t\t\tc. The rescission of a policy.\n\t\t\t“Affiliate<\/span>” or “affiliated<\/span>” means a person<\/span> that directly, or indirectly through one or more intermediaries, controls, is controlled by<\/span>, or is under common control with another person<\/span>.\n\t\t\t“Agent<\/span>” shall have the meaning as set forth in § 38.2-1800<\/a> and shall include surplus lines brokers.\n\t\t\t“Applicant<\/span>” means any person<\/span> who seeks to contract<\/span> for insurance coverage other than a person<\/span> seeking group insurance that is not individually underwritten.\n\t\t\t“Clear and conspicuous notice<\/span>” means a notice that is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.\n\t\t\t“Consumer report<\/span>” means any written, oral, or other communication of information bearing on a natural person<\/span>’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living that is used or expected to be used in connection with an insurance transaction<\/span>.\n\t\t\t“Consumer reporting agency<\/span>” means any person<\/span> who: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports<\/span> for a monetary fee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Obtains information primarily from sources other than insurance institutions<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Furnishes consumer reports<\/span> to other persons<\/span>.\n\t\t\t“Control,” including the terms “controlled by<\/span>” or “under common control with,” means the possession<\/span>, direct or indirect, of the power to direct or cause the direction of the management and policies of a person<\/span>, whether through the ownership of voting securities, by contract<\/span> other than a commercial contract<\/span> for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person<\/span>.\n\t\t\t“Declination of insurance coverage<\/span>” means a denial, in whole or in part, by an insurance institution<\/span> or agent<\/span> of requested insurance coverage.\n\t\t\t“Financial information<\/span>” means personal information<\/span> other than medical record information or records of payment for the provision of health care to an individual<\/span>.\n\t\t\t“Financial institution<\/span>” means any institution the business of which is engaging in financial activities as described in Section 4(k) of the Bank Holding Company<\/span> Act of 1956 (12 U.S.C. § 1843 (k)).\n\t\t\t“Financial product or service<\/span>” means any product or service that a financial holding company<\/span> could offer by engaging in an activity that is financial in nature or incidental to such a financial activity under Section 4(k) of the Bank Holding Company<\/span> Act of 1956 (12 U.S.C. § 1843 (k)).\n\t\t\t“Individual<\/span>” means any natural person<\/span> who: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the case of property or casualty insurance, is a past, present, or proposed named insured or certificate holder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the case of life or accident and sickness insurance, is a past, present, or proposed principal insured or certificate holder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Is a past, present or proposed policyowner; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Is a past or present applicant<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Is a past or present claimant; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Derived, derives, or is proposed to derive insurance coverage under an insurance policy or certificate subject to this article; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> For the purposes of §§ 38.2-612.1<\/a> and 38.2-613<\/a>, is a beneficiary of a life insurance<\/span> policy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> For the purposes of §§ 38.2-612.1<\/a> and 38.2-613<\/a>, is a mortgagor of a mortgage covered under a mortgage guaranty insurance policy; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> For the purposes of §§ 38.2-612.1<\/a> and 38.2-613<\/a>, is an owner of property used as security for an indebtedness for which single interest insurance is required by a lender.\n\t\t\tNotwithstanding any provision of this definition to the contrary, for purposes of § 38.2-612.1<\/a>, “individual<\/span>” shall not include any natural person<\/span> who is covered under an employee benefit plan, group or blanket insurance contract<\/span>, or group annuity contract<\/span> when the insurance institution<\/span> or agent<\/span> that provides such plan or contract<\/span>: (i) furnishes the notice required under § 38.2-604.1<\/a> to the employee benefit plan sponsor, group or blanket insurance contract<\/span> holder, or group annuity contract<\/span> holder; and (ii) does not disclose the financial information<\/span> of the person<\/span> to a nonaffiliated third party<\/span> other than as permitted under § 38.2-613<\/a>.\n\t\t\t“Institutional source<\/span>” means any person<\/span> or governmental entity that provides information about an individual<\/span> to an agent<\/span>, insurance institution<\/span> or insurance-support organization<\/span>, other than: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An agent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The individual<\/span> who is the subject of the information; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A natural person<\/span> acting in a personal capacity rather than in a business or professional capacity.\n\t\t\t“Insurance institution<\/span>” means any corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd’s type of organization, fraternal benefit society, or other person<\/span> engaged in the business of insurance, including health maintenance organizations, and health, legal, dental, and optometric service plans. “Insurance institution<\/span>” shall not include agents<\/span> or insurance-support organizations<\/span><\/span>.\n\t\t\t“Insurance-support organization<\/span>” means any person<\/span> who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons<\/span> for the primary purpose of providing the information to an insurance institution<\/span> or agent<\/span> for insurance transactions<\/span>, including (i) the furnishing of consumer reports or investigative consumer reports<\/span> to an insurance institution<\/span> or agent<\/span> for use in connection with an insurance transaction<\/span> or (ii) the collection of personal information<\/span> from insurance institutions<\/span>, agents<\/span> or other insurance-support organizations<\/span><\/span> for the purpose of detecting or preventing fraud<\/span>, material<\/span> misrepresentation or material<\/span> nondisclosure in connection with insurance underwriting or insurance claim activity. However, the following persons<\/span> shall not be considered “insurance-support organizations<\/span><\/span>” for purposes of this article: agents<\/span>, governmental institutions, insurance institutions<\/span>, medical-care institutions<\/span> and medical professionals<\/span>.\n\t\t\t“Insurance transaction<\/span>” means any transaction involving insurance primarily for personal, family, or household needs rather than business or professional needs that entails: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The determination of an individual<\/span>’s eligibility for an insurance coverage, benefit or payment; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The servicing of an insurance application, policy, contract<\/span>, or certificate.\n\t\t\t“Investigative consumer report<\/span>” means a consumer report or a portion thereof in which information about a natural person<\/span>’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with the person<\/span>’s neighbors, friends, associates, acquaintances, or others who may have knowledge concerning such items of information.\n\t\t\t“Joint marketing agreement<\/span>” means a formal written contract<\/span> pursuant to which an insurance institution<\/span> jointly offers, endorses, or sponsors a financial product or service<\/span> with another financial institution<\/span>.\n\t\t\t“Life insurance<\/span>” includes annuities.\n\t\t\t“Medical-care institution<\/span>” means any facility or institution that is licensed to provide health care services to natural persons<\/span>, including but not limited to, hospitals, skilled nursing facilities, home-health agencies, medical clinics, rehabilitation agencies, and public-health agencies or health-maintenance organizations.\n\t\t\t“Medical professional<\/span>” means any person<\/span> licensed or certified to provide health care services to natural persons<\/span>, including but not limited to, a physician, dentist, nurse, chiropractor, optometrist, physical or occupational therapist, social worker, clinical dietitian, clinical psychologist, licensed professional counselor, licensed marriage and family therapist, pharmacist, or speech therapist.\n\t\t\t“Medical-record information<\/span>” means personal information<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Relates to an individual<\/span>’s physical or mental condition, medical history, or medical treatment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is obtained from a medical professional<\/span> or medical-care institution<\/span>, from the individual<\/span>, or from the individual<\/span>’s spouse, parent, or legal guardian.\n\t\t\t“Nonaffiliated third party<\/span>” means any person<\/span> who is not an affiliate<\/span> of an insurance institution<\/span> but does not mean (i) an agent<\/span> who is selling or servicing a product on behalf of the insurance institution<\/span> or (ii) a person<\/span> who is employed jointly by the insurance institution<\/span> and the company<\/span> that is not an affiliate<\/span>.\n\t\t\t“Personal information<\/span>” means any individually identifiable information gathered in connection with an insurance transaction<\/span> from which judgments<\/span> can be made about an individual<\/span>’s character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. “Personal information<\/span>” includes an individual<\/span>’s name and address and medical-record information<\/span>, but does not include (i) privileged information<\/span> or (ii) any information that is publicly available.\n\t\t\t“Policyholder<\/span>” means any person<\/span> who: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the case of individual<\/span> property or casualty insurance, is a present named insured; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the case of individual<\/span> life or accident and sickness insurance, is a present policyowner; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In the case of group insurance that is individually underwritten, is a present group certificate holder.\n\t\t\t“Policyholder information<\/span>” means personal information<\/span> about a policyholder, whether in paper, electronic, or other form, that is maintained by or on behalf of an insurance institution<\/span>, agent<\/span>, or insurance-support organization<\/span>.\n\t\t\t“Pretext interview<\/span>” means an interview whereby a person<\/span>, in an attempt to obtain information about a natural person<\/span>, performs one or more of the following acts: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Pretends to be someone he or she is not; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Pretends to represent a person<\/span> he or she is not in fact<\/span> representing; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Misrepresents the true purpose of the interview; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Refuses to identify himself or herself upon request.\n\t\t\t“Privileged information<\/span>” means any individually identifiable information that (i) relates to a claim for insurance benefits or a civil or criminal proceeding involving an individual<\/span>, and (ii) is collected in connection with or in reasonable anticipation of a claim for insurance benefits or civil or criminal proceeding involving an individual<\/span>.\n\t\t\t“Residual market mechanism<\/span>” means an association, organization, or other entity defined, described, or provided for in the Virginia Automobile Insurance Plan as set forth in § 38.2-2015<\/a>, or in the Virginia Property Insurance Association as set forth in Chapter 27 (§ 38.2-2700<\/a> et seq.) of this title.\n\t\t\t“Termination of insurance coverage<\/span>” or “termination of an insurance policy<\/span>” means either a cancellation or nonrenewal of an insurance policy other than by the policyholder’s request, in whole or in part, for any reason other than the failure to pay a premium as required by the policy.\n\t\t\t“Unlicensed insurer<\/span>” means an insurance institution<\/span> that has not been granted a license by the Commission<\/span> to transact the business of insurance in Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 38.2-602)\n\nAs used in this article:\n\t\t“Adverse underwriting decision” means:\n\n1. Any of the following actions with respect to insurance transactions involving\ninsurance coverage that is individually underwritten:\n\t\t\ta. A declination of insurance coverage;\n\t\t\tb. A termination of insurance coverage;\n\t\t\tc. Failure of an agent to apply for insurance coverage with a specific\ninsurance institution that an agent represents and that is requested by an\napplicant;\n\t\t\td. In the case of a property or casualty insurance coverage:\n\n 1. Placement by an insurance institution or agent of a risk with a residual\n market mechanism or an unlicensed insurer; or\n\n 2. The charging of a higher rate on the basis of information that differs from\n that which the applicant or policyholder furnished; or\n \t\t\t\te. In the case of a life or accident and sickness insurance coverage, an\n offer to insure at higher than standard rates, or with limitations, exceptions\n or benefits other than those applied for.\n\n2. Notwithstanding subdivision 1 of this definition, the following actions shall\nnot be considered adverse underwriting decisions, but the insurance institution\nor agent responsible for their occurrence shall provide the applicant or\npolicyholder with the specific reason or reasons for their occurrence:\n\t\t\ta. The termination of an individual policy form on a class or statewide\nbasis;\n\t\t\tb. A declination of insurance coverage solely because such coverage is not\navailable on a class or statewide basis;\n\t\t\tc. The rescission of a policy.\n\t\t\t“Affiliate” or “affiliated” means a person that\ndirectly, or indirectly through one or more intermediaries, controls, is\ncontrolled by, or is under common control with another person.\n\t\t\t“Agent” shall have the meaning as set forth in § 38.2-1800\nand shall include surplus lines brokers.\n\t\t\t“Applicant” means any person who seeks to contract for insurance\ncoverage other than a person seeking group insurance that is not individually\nunderwritten.\n\t\t\t“Clear and conspicuous notice” means a notice that is reasonably\nunderstandable and designed to call attention to the nature and significance of\nthe information in the notice.\n\t\t\t“Consumer report” means any written, oral, or other communication\nof information bearing on a natural person’s credit worthiness, credit\nstanding, credit capacity, character, general reputation, personal\ncharacteristics or mode of living that is used or expected to be used in\nconnection with an insurance transaction.\n\t\t\t“Consumer reporting agency” means any person who:\n\n1. Regularly engages, in whole or in part, in the practice of assembling or\npreparing consumer reports for a monetary fee;\n\n2. Obtains information primarily from sources other than insurance institutions;\nand\n\n3. Furnishes consumer reports to other persons.\n\t\t\t“Control,” including the terms “controlled by” or\n“under common control with,” means the possession, direct or\nindirect, of the power to direct or cause the direction of the management and\npolicies of a person, whether through the ownership of voting securities, by\ncontract other than a commercial contract for goods or nonmanagement services,\nor otherwise, unless the power is the result of an official position with or\ncorporate office held by the person.\n\t\t\t“Declination of insurance coverage” means a denial, in whole or\nin part, by an insurance institution or agent of requested insurance coverage.\n\t\t\t“Financial information” means personal information other than\nmedical record information or records of payment for the provision of health\ncare to an individual.\n\t\t\t“Financial institution” means any institution the business of\nwhich is engaging in financial activities as described in Section 4(k) of the\nBank Holding Company Act of 1956 (12 U.S.C. § 1843 (k)).\n\t\t\t“Financial product or service” means any product or service that\na financial holding company could offer by engaging in an activity that is\nfinancial in nature or incidental to such a financial activity under Section\n4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. § 1843 (k)).\n\t\t\t“Individual” means any natural person who:\n\n1. In the case of property or casualty insurance, is a past, present, or\nproposed named insured or certificate holder;\n\n2. In the case of life or accident and sickness insurance, is a past, present,\nor proposed principal insured or certificate holder;\n\n3. Is a past, present or proposed policyowner;\n\n4. Is a past or present applicant;\n\n5. Is a past or present claimant;\n\n6. Derived, derives, or is proposed to derive insurance coverage under an\ninsurance policy or certificate subject to this article;\n\n7. For the purposes of §§ 38.2-612.1 and 38.2-613, is a beneficiary of\na life insurance policy;\n\n8. For the purposes of §§ 38.2-612.1 and 38.2-613, is a mortgagor of a\nmortgage covered under a mortgage guaranty insurance policy; or\n\n9. For the purposes of §§ 38.2-612.1 and 38.2-613, is an owner of\nproperty used as security for an indebtedness for which single interest\ninsurance is required by a lender.\n\t\t\tNotwithstanding any provision of this definition to the contrary, for\npurposes of § 38.2-612.1, “individual” shall not include any\nnatural person who is covered under an employee benefit plan, group or blanket\ninsurance contract, or group annuity contract when the insurance institution or\nagent that provides such plan or contract: (i) furnishes the notice required\nunder § 38.2-604.1 to the employee benefit plan sponsor, group or blanket\ninsurance contract holder, or group annuity contract holder; and (ii) does not\ndisclose the financial information of the person to a nonaffiliated third party\nother than as permitted under § 38.2-613.\n\t\t\t“Institutional source” means any person or governmental entity\nthat provides information about an individual to an agent, insurance institution\nor insurance-support organization, other than:\n\n1. An agent;\n\n2. The individual who is the subject of the information; or\n\n3. A natural person acting in a personal capacity rather than in a business or\nprofessional capacity.\n\t\t\t“Insurance institution” means any corporation, association,\npartnership, reciprocal exchange, inter-insurer, Lloyd’s type of\norganization, fraternal benefit society, or other person engaged in the business\nof insurance, including health maintenance organizations, and health, legal,\ndental, and optometric service plans. “Insurance institution” shall\nnot include agents or insurance-support organizations.\n\t\t\t“Insurance-support organization” means any person who regularly\nengages, in whole or in part, in the practice of assembling or collecting\ninformation about natural persons for the primary purpose of providing the\ninformation to an insurance institution or agent for insurance transactions,\nincluding (i) the furnishing of consumer reports or investigative consumer\nreports to an insurance institution or agent for use in connection with an\ninsurance transaction or (ii) the collection of personal information from\ninsurance institutions, agents or other insurance-support organizations for the\npurpose of detecting or preventing fraud, material misrepresentation or material\nnondisclosure in connection with insurance underwriting or insurance claim\nactivity. However, the following persons shall not be considered\n“insurance-support organizations” for purposes of this article:\nagents, governmental institutions, insurance institutions, medical-care\ninstitutions and medical professionals.\n\t\t\t“Insurance transaction” means any transaction involving insurance\nprimarily for personal, family, or household needs rather than business or\nprofessional needs that entails:\n\n1. The determination of an individual’s eligibility for an insurance\ncoverage, benefit or payment; or\n\n2. The servicing of an insurance application, policy, contract, or certificate.\n\t\t\t“Investigative consumer report” means a consumer report or a\nportion thereof in which information about a natural person’s character,\ngeneral reputation, personal characteristics, or mode of living is obtained\nthrough personal interviews with the person’s neighbors, friends,\nassociates, acquaintances, or others who may have knowledge concerning such\nitems of information.\n\t\t\t“Joint marketing agreement” means a formal written contract\npursuant to which an insurance institution jointly offers, endorses, or sponsors\na financial product or service with another financial institution.\n\t\t\t“Life insurance” includes annuities.\n\t\t\t“Medical-care institution” means any facility or institution that\nis licensed to provide health care services to natural persons, including but\nnot limited to, hospitals, skilled nursing facilities, home-health agencies,\nmedical clinics, rehabilitation agencies, and public-health agencies or\nhealth-maintenance organizations.\n\t\t\t“Medical professional” means any person licensed or certified to\nprovide health care services to natural persons, including but not limited to, a\nphysician, dentist, nurse, chiropractor, optometrist, physical or occupational\ntherapist, social worker, clinical dietitian, clinical psychologist, licensed\nprofessional counselor, licensed marriage and family therapist, pharmacist, or\nspeech therapist.\n\t\t\t“Medical-record information” means personal information that:\n\n1. Relates to an individual’s physical or mental condition, medical\nhistory, or medical treatment; and\n\n2. Is obtained from a medical professional or medical-care institution, from the\nindividual, or from the individual’s spouse, parent, or legal guardian.\n\t\t\t“Nonaffiliated third party” means any person who is not an\naffiliate of an insurance institution but does not mean (i) an agent who is\nselling or servicing a product on behalf of the insurance institution or (ii) a\nperson who is employed jointly by the insurance institution and the company that\nis not an affiliate.\n\t\t\t“Personal information” means any individually identifiable\ninformation gathered in connection with an insurance transaction from which\njudgments can be made about an individual’s character, habits, avocations,\nfinances, occupation, general reputation, credit, health, or any other personal\ncharacteristics. “Personal information” includes an\nindividual’s name and address and medical-record information, but does not\ninclude (i) privileged information or (ii) any information that is publicly\navailable.\n\t\t\t“Policyholder” means any person who:\n\n1. In the case of individual property or casualty insurance, is a present named\ninsured;\n\n2. In the case of individual life or accident and sickness insurance, is a\npresent policyowner; or\n\n3. In the case of group insurance that is individually underwritten, is a\npresent group certificate holder.\n\t\t\t“Policyholder information” means personal information about a\npolicyholder, whether in paper, electronic, or other form, that is maintained by\nor on behalf of an insurance institution, agent, or insurance-support\norganization.\n\t\t\t“Pretext interview” means an interview whereby a person, in an\nattempt to obtain information about a natural person, performs one or more of\nthe following acts:\n\n1. Pretends to be someone he or she is not;\n\n2. Pretends to represent a person he or she is not in fact representing;\n\n3. Misrepresents the true purpose of the interview; or\n\n4. Refuses to identify himself or herself upon request.\n\t\t\t“Privileged information” means any individually identifiable\ninformation that (i) relates to a claim for insurance benefits or a civil or\ncriminal proceeding involving an individual, and (ii) is collected in connection\nwith or in reasonable anticipation of a claim for insurance benefits or civil or\ncriminal proceeding involving an individual.\n\t\t\t“Residual market mechanism” means an association, organization,\nor other entity defined, described, or provided for in the Virginia Automobile\nInsurance Plan as set forth in § 38.2-2015, or in the Virginia Property\nInsurance Association as set forth in Chapter 27 (§ 38.2-2700 et seq.) of\nthis title.\n\t\t\t“Termination of insurance coverage” or “termination of an\ninsurance policy” means either a cancellation or nonrenewal of an\ninsurance policy other than by the policyholder’s request, in whole or in\npart, for any reason other than the failure to pay a premium as required by the\npolicy.\n\t\t\t“Unlicensed insurer” means an insurance institution that has not\nbeen granted a license by the Commission to transact the business of insurance\nin Virginia.\n\nHISTORY: 1981, c. 389, \u00a7 38.1-57.5; 1986, c. 562; 2001, c. 371; 2003, c. 729;\n2006, c. 638; 2020, c. 264.","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}}