{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-610.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-610.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-610.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-610.html"}],"law_id":83133,"edition_id":1,"section_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","history":"1981, c. 389, \u00a7 38.1-57.13; 1986, c. 562.","full_text":"A\n\nIn the event of an adverse underwriting decision, including those that involve policies referred to in subdivision 1 of subsection E of \u00a7 38.2-2114 and in subdivision 3 of subsection F of \u00a7 38.2-2212, the insurance institution or agent responsible for the decision shall give a written notice in a form approved by the Commission that:1\n\nEither provides the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advises such person that upon written request he may receive the specific reason or reasons in writing; and2\n\nProvides the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsection B of this section and §§ 38.2-608 and 38.2-609.B\n\nUpon receipt of a written request within ninety business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant, policyholder or individual proposed for coverage, the insurance institution or agent shall furnish to such person within twenty-one business days from the date of receipt of the written request:1\n\nThe specific reason or reasons for the adverse underwriting decision, in writing, if that information was not initially furnished in writing pursuant to subdivision 1 of subsection A of this section;2\n\nThe specific items of personal and privileged information that support those reasons, however:\n\t\t\t\ta. The insurance institution or agent shall not be required to furnish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the Commission, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and\n\t\t\t\tb. Specific items of medical-record information supplied by a medical-care institution or medical professional shall be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution or agent prefers; and3\n\nThe names and addresses of the institutional sources that supplied the specific items of information given pursuant to subdivision 2 of subsection B of this section. However, the identity of any medical professional or medical-care institution shall be disclosed either directly to the individual or to the designated medical professional, whichever the insurance institution or agent prefers.C\n\nThe obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. However, the insurance institution or agent making an adverse underwriting decision shall remain responsible for compliance with the obligations imposed by this section.D\n\nWhen an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by subsection A of this section may be given orally.","order_by":null,"text":{"0":{"id":297897,"text":"In the event of an adverse underwriting decision, including those that involve policies referred to in subdivision 1 of subsection E of \u00a7 38.2-2114 and in subdivision 3 of subsection F of \u00a7 38.2-2212, the insurance institution or agent responsible for the decision shall give a written notice in a form approved by the Commission that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":297898,"text":"Either provides the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advises such person that upon written request he may receive the specific reason or reasons in writing; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":297899,"text":"Provides the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsection B of this section and §§ 38.2-608 and 38.2-609.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":297900,"text":"Upon receipt of a written request within ninety business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant, policyholder or individual proposed for coverage, the insurance institution or agent shall furnish to such person within twenty-one business days from the date of receipt of the written request:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":297901,"text":"The specific reason or reasons for the adverse underwriting decision, in writing, if that information was not initially furnished in writing pursuant to subdivision 1 of subsection A of this section;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":297902,"text":"The specific items of personal and privileged information that support those reasons, however:\n\t\t\t\ta. The insurance institution or agent shall not be required to furnish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the Commission, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and\n\t\t\t\tb. Specific items of medical-record information supplied by a medical-care institution or medical professional shall be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution or agent prefers; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":297903,"text":"The names and addresses of the institutional sources that supplied the specific items of information given pursuant to subdivision 2 of subsection B of this section. However, the identity of any medical professional or medical-care institution shall be disclosed either directly to the individual or to the designated medical professional, whichever the insurance institution or agent prefers.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"7":{"id":297904,"text":"The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. However, the insurance institution or agent making an adverse underwriting decision shall remain responsible for compliance with the obligations imposed by this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"8":{"id":297905,"text":"When an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by subsection A of this section may be given orally.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-610\/","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 1 time. 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. That modification is as follows: in 1986, chapter 562.<\/p>","references":[{"id":83824,"section_number":"38.2-2114","catch_line":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","order_by":null,"url":"\/38.2-2114\/"},{"id":80817,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","order_by":null,"url":"\/38.2-2212\/"},{"id":81752,"section_number":"38.2-608","catch_line":"Access to recorded personal information","order_by":null,"url":"\/38.2-608\/"},{"id":73310,"section_number":"38.2-617","catch_line":"Individual remedies","order_by":null,"url":"\/38.2-617\/"}],"refers_to":[{"id":83824,"section_number":"38.2-2114","catch_line":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","order_by":null,"url":"\/38.2-2114\/"},{"id":80817,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","order_by":null,"url":"\/38.2-2212\/"},{"id":81752,"section_number":"38.2-608","catch_line":"Access to recorded personal information","order_by":null,"url":"\/38.2-608\/"}],"permalink":{"id":218061,"object_type":"law","relational_id":83133,"identifier":"38.2-610","token":"38.2\/6\/1\/38.2-610","url":"\/38.2-610\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-610\/","token":"38.2\/6\/1\/38.2-610","dublin_core":{"Title":"Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-610","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the event of an adverse underwriting decision, including those that involve policies referred to in subdivision 1 of subsection E of \u00a7 38.2-2114<\/a> and in subdivision 3 of subsection F of \u00a7 38.2-2212<\/a>, the insurance institution<\/span> or agent<\/span> responsible for the decision shall give a written notice in a form approved by the Commission<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Either provides the applicant<\/span>, policyholder<\/span>, or individual<\/span> proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advises such person<\/span> that upon written request he may receive the specific reason or reasons in writing; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provides the applicant<\/span>, policyholder<\/span>, or individual<\/span> proposed for coverage with a summary of the rights established under subsection B of this section and §§ 38.2-608<\/a> and 38.2-609<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receipt of a written request within ninety business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant<\/span>, policyholder<\/span> or individual<\/span> proposed for coverage, the insurance institution<\/span> or agent<\/span> shall furnish to such person<\/span> within twenty-one business days from the date of receipt of the written request: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The specific reason or reasons for the adverse underwriting decision, in writing, if that information was not initially furnished in writing pursuant to subdivision 1 of subsection A of this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The specific items of personal and privileged information<\/span> that support those reasons, however:\n\t\t\t\ta. The insurance institution<\/span> or agent<\/span> shall not be required to furnish specific items of privileged information<\/span> if it has a reasonable suspicion, based upon specific information available for review by the Commission<\/span>, that the applicant<\/span>, policyholder<\/span>, or individual<\/span> proposed for coverage has engaged in criminal activity, fraud<\/span>, material<\/span> misrepresentation, or material<\/span> nondisclosure; and\n\t\t\t\tb. Specific items of medical-record information<\/span> supplied by a medical-care institution<\/span> or medical professional<\/span> shall be disclosed either directly to the individual<\/span> about whom the information relates or to a medical professional<\/span> designated by the individual<\/span> and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution<\/span> or agent<\/span> prefers; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The names and addresses of the institutional sources<\/span> that supplied the specific items of information given pursuant to subdivision 2 of subsection B of this section. However, the identity of any medical professional<\/span> or medical-care institution<\/span> shall be disclosed either directly to the individual<\/span> or to the designated medical professional<\/span>, whichever the insurance institution<\/span> or agent<\/span> prefers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The obligations imposed by this section upon an insurance institution<\/span> or agent<\/span> may be satisfied by another insurance institution<\/span> or agent<\/span> authorized to act on its behalf. However, the insurance institution<\/span> or agent<\/span> making an adverse underwriting decision shall remain responsible for compliance with the obligations imposed by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by subsection A of this section may be given orally. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF ADVERSE UNDERWRITING DECISION; FURNISHING REASONS FOR DECISIONS AND\nSOURCES OF INFORMATION (\u00a7 38.2-610)\n\nA. In the event of an adverse underwriting decision, including those that\ninvolve policies referred to in subdivision 1 of subsection E of \u00a7 38.2-2114\nand in subdivision 3 of subsection F of \u00a7 38.2-2212, the insurance institution\nor agent responsible for the decision shall give a written notice in a form\napproved by the Commission that:\n\n 1. Either provides the applicant, policyholder, or individual proposed for\n coverage with the specific reason or reasons for the adverse underwriting\n decision in writing or advises such person that upon written request he may\n receive the specific reason or reasons in writing; and\n\n 2. Provides the applicant, policyholder, or individual proposed for coverage\n with a summary of the rights established under subsection B of this section\n and §§ 38.2-608 and 38.2-609.\n\nB. Upon receipt of a written request within ninety business days from the date\nof the mailing of notice or other communication of an adverse underwriting\ndecision to an applicant, policyholder or individual proposed for coverage, the\ninsurance institution or agent shall furnish to such person within twenty-one\nbusiness days from the date of receipt of the written request:\n\n 1. The specific reason or reasons for the adverse underwriting decision, in\n writing, if that information was not initially furnished in writing pursuant\n to subdivision 1 of subsection A of this section;\n\n 2. The specific items of personal and privileged information that support\n those reasons, however:\n \t\t\t\ta. The insurance institution or agent shall not be required to furnish\n specific items of privileged information if it has a reasonable suspicion,\n based upon specific information available for review by the Commission, that\n the applicant, policyholder, or individual proposed for coverage has engaged\n in criminal activity, fraud, material misrepresentation, or material\n nondisclosure; and\n \t\t\t\tb. Specific items of medical-record information supplied by a medical-care\n institution or medical professional shall be disclosed either directly to the\n individual about whom the information relates or to a medical professional\n designated by the individual and licensed to provide medical care with respect\n to the condition to which the information relates, whichever the insurance\n institution or agent prefers; and\n\n 3. The names and addresses of the institutional sources that supplied the\n specific items of information given pursuant to subdivision 2 of subsection B\n of this section. However, the identity of any medical professional or\n medical-care institution shall be disclosed either directly to the individual\n or to the designated medical professional, whichever the insurance institution\n or agent prefers.\n\nC. The obligations imposed by this section upon an insurance institution or\nagent may be satisfied by another insurance institution or agent authorized to\nact on its behalf. However, the insurance institution or agent making an adverse\nunderwriting decision shall remain responsible for compliance with the\nobligations imposed by this section.\n\nD. When an adverse underwriting decision results solely from an oral request or\ninquiry, the explanation of reasons and summary of rights required by subsection\nA of this section may be given orally.\n\nHISTORY: 1981, c. 389, \u00a7 38.1-57.13; 1986, c. 562.","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}}