                                 CODE OF VIRGINIA

PROHIBITED ADVERTISEMENT OF ASSOCIATION COVERAGE IN INSURANCE SALES; NOTICE TO
POLICY OWNERS (§ 38.2-1715)

A. No person, including a member insurer, agent, or affiliate of a member
insurer, shall make, publish, disseminate, circulate, or place before the
public, or cause, directly or indirectly, to be made, published, disseminated,
circulated or placed before the public, in any newspaper, magazine, or other
publication, or in the form of a notice, circular, pamphlet, letter, or poster,
or over any radio station or television station, or in any other way, any
advertisement, announcement, or statement, written or oral, that uses the
existence of the Association of the Commonwealth for the purpose of sales,
solicitation, or inducement to purchase any form of insurance or other coverage
covered by this chapter. This subsection shall not apply to the Association or
any other entity that does not sell or solicit insurance or coverage by a health
maintenance organization.

B. The Association shall prepare a summary document describing the general
purposes and current limitations of this chapter and that complies with
subsection C. This document shall be submitted to the Commission for approval.
At the expiration of the sixtieth day after the date on which the Commission
approves the document, a member insurer may not deliver a policy or contract to
a policy owner, contract owner, certificate holder, or enrollee unless the
summary document is delivered to the policy owner, contract owner, certificate
holder, or enrollee at the time of delivery of the policy or contract. The
document shall be posted on the Association&#8217;s website and shall also be
available upon request by a policy owner, contract owner, certificate holder, or
enrollee. The distribution, delivery, or contents or interpretation of this
document does not guarantee that either the policy or the contract or the policy
owner, contract owner, certificate holder, or enrollee is covered in the event
of the impairment or insolvency of a member insurer. The summary document shall
be revised by the Association as amendments to the chapter may require. Failure
to receive this document does not give the policy owner, contract owner,
certificate owner, certificate holder, enrollee, or insured any greater rights
than those stated in this chapter.

C. The document prepared under subsection B shall contain a clear and
conspicuous disclaimer on its face. The Commission shall establish the form and
content of the disclaimer. The disclaimer shall:

   1. State the name and address of the Association and the Bureau of Insurance;

   2. Prominently warn the policy owner, contract owner, certificate holder, or
   enrollee that the Association may not cover the policy or contract or, if
   coverage is available, it will be subject to substantial limitations and
   exclusions and conditioned on continued residence in the Commonwealth;

   3. State the types of policies or contracts for which guaranty funds will
   provide coverage;

   4. State that the member insurer and its agents are prohibited by law from
   using the existence of the Association for the purpose of sales, solicitation,
   or inducement to purchase any form of insurance or health maintenance
   organization coverage;

   5. State that the policy owner, contract owner, certificate holder, or
   enrollee should not rely on coverage under the Association when selecting an
   insurer or health maintenance organization;

   6. Explain rights available and procedures for filing a complaint to allege a
   violation of any provisions of this chapter; and

   7. Provide other information as directed by the Commission including but not
   limited to, sources for information about the financial condition of insurers
   provided that the information is not proprietary and is subject to disclosure
   under the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.).

D. A member insurer shall retain evidence of compliance with subsection B for so
long as the policy or contract for which the notice is given remains in effect.

HISTORY: 1976, c. 330, § 38.1-482.33; 1986, c. 562; 2010, c. 510; 2011, c. 306;
2018, c. 706.