                                 CODE OF VIRGINIA

ACCESS TO EVIDENCE, DOCUMENTATION, AND RELATED MATERIALS (§ 52-38)

A. If the Department seeks evidence, documentation, and related materials from
an insurer or insurance professional, whether in written or electronic format,
that are located within the Commonwealth or that may be electronically accessed
by an insurer or insurance professional conducting business in the Commonwealth,
and that are deemed by the Department as pertinent to an investigation or
examination, the Department may request access to such evidence, documentation,
or related materials. The person so requested shall either provide electronic or
physical copies of such evidence, documentation, or related materials to the
Department or shall make such evidence, documentation, or related materials
available for inspection or examination by a designated representative of the
Department.

B. The provider of evidence, documentation, and related materials under the
provisions of subsection A may authenticate any electronic or physical copies of
such evidence, documentation, and related materials, excluding the contents of
any electronic communications, by providing an affidavit from the custodian of
those electronic or physical copies or from a person to whom the custodian
reports certifying that the copies are true and complete and that they are
prepared in the regular course of business. Any copies authenticated in
accordance with this subsection are admissible in evidence as a business record.

HISTORY: 1998, c. 590; 2012, c. 542.