                                 CODE OF VIRGINIA

COVERAGE OF DEPENDENT CHILDREN (§ 38.2-3409)

A. Any group or individual accident and sickness insurance policy or
subscription contract delivered or issued for delivery in the Commonwealth which
provides that coverage of a dependent child shall terminate upon that
child&#8217;s attainment of a specified age, shall also provide in substance
that attainment of the specified age shall not terminate the child&#8217;s
coverage during the continuance of the policy while the dependent child is and
continues to be both: (i) incapable of self-sustaining employment by reason of
intellectual or physical disability and (ii) chiefly dependent upon the
policyowner for support and maintenance.

B. Proof of incapacity and dependency shall be furnished to the insurer by the
policyowner within 31 days of the child&#8217;s attainment of the specified age.
Subsequent proof may be required by the insurer but not more frequently than
annually after the two-year period following the child&#8217;s attainment of the
specified age.

C. The insurer may charge an additional premium for any continuation of coverage
beyond the specified age. The additional premium shall be determined by the
insurer on the basis of the class of risks applicable to the child.

HISTORY: 1968, c. 411, § 38.1-348.1; 1974, c. 95; 1986, c. 562; 2012, cc. 476,
507; 2023, cc. 148, 149.