                                 CODE OF VIRGINIA

APPLICATION OF ARTICLE (§ 38.2-601)

A. The obligations imposed by this article shall apply to those insurance
institutions, agents or insurance-support organizations that:

   1. In the case of life or accident and sickness insurance:
   				a. Collect, receive or maintain information in connection with insurance
   transactions that pertains to natural persons who are residents of the
   Commonwealth; or
   				b. Engage in insurance transactions with applicants, individuals, or
   policyholders who are residents of the Commonwealth; and

   2. In the case of property or casualty insurance:
   				a. Collect, receive or maintain information in connection with insurance
   transactions involving policies, contracts or certificates of insurance
   delivered, issued for delivery or renewed in the Commonwealth; or
   				b. Engage in insurance transactions involving policies, contracts or
   certificates of insurance delivered, issued for delivery or renewed in the
   Commonwealth.

B. The rights granted by this article shall extend to:

   1. In the case of life or accident and sickness insurance, the following
   persons who are residents of the Commonwealth:
   				a. Natural persons who are the subject of information collected, received
   or maintained in connection with insurance transactions; and
   				b. Applicants, individuals or policyholders who engage in or seek to
   engage in insurance transactions; and

   2. In the case of property or casualty insurance, the following persons:
   				a. Natural persons who are the subject of information collected, received
   or maintained in connection with insurance transactions involving policies,
   contracts or certificates of insurance delivered, issued for delivery or
   renewed in the Commonwealth; and
   				b. Applicants, individuals, or policyholders who engage in or seek to
   engage in insurance transactions involving policies, contracts or certificates
   of insurance delivered, issued for delivery or renewed in the Commonwealth.

C. For purposes of this section, a person shall be considered a resident of the
Commonwealth if the person&#8217;s last known mailing address, as shown in the
records of the insurance institution, agent or insurance-support organization,
is located in the Commonwealth.

D. Notwithstanding subsections A and B, this article shall not apply to
information collected from the public records of a governmental authority and
maintained by an insurance institution or its representatives for the purpose of
insuring the title to real property located in the Commonwealth.

E. The provisions of this article shall apply only to insurance purchased
primarily for personal, family or household purposes.

HISTORY: 1981, c. 389, § 38.1-57.4; 1986, c. 562; 2001, c. 371; 2020, c. 264.