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Home » US Law » 2022 Code of Virginia » Title 38.2 - Insurance » Chapter 19 - Regulation of Rates Generally

§ 38.2-1900. Purposes of chapter

A. This chapter shall be liberally construed to achieve the purposes stated in subsection B of this section. B. The purposes of this chapter are to: 1. Protect policyholders and the public against the adverse effects of excessive, inadequate or unfairly discriminatory rates; 2. Encourage independent action by insurers and reasonable price competition among insurers […]

§ 38.2-1901. Definitions

As used in this chapter: “Classification system” or “classification” means the plan, system, or arrangement for grouping risks with similar characteristics or a specified class of risk by recognizing differences in exposure to hazards. “Client company” shall have the same meaning ascribed to it in § 65.2-101. “Coemployee” shall have the same meaning ascribed to […]

§ 38.2-1902. Scope of chapter

A. Except as provided in subsection B, this chapter applies to the classes of insurance defined in §§ 38.2-110 through 38.2-122, 38.2-124 through 38.2-128 and 38.2-130 through 38.2-133. B. This chapter does not apply to: 1. Insurance written through the Virginia Workers’ Compensation Plan pursuant to Chapter 20 (§ 38.2-2000 et seq.) of this title; […]

§ 38.2-1903. Exemptions

The Commission may by rule exempt any person, class of persons, or market segment from any or all of the provisions of this chapter to the extent that it finds their application unnecessary to achieve the purposes of this chapter. Retrospective rating plans and large deductible plans for use in writing workers’ compensation insurance for […]

§ 38.2-1903.1. Exemptions of large commercial risks

A. Notwithstanding any other provision of this title, an insurer shall not be required to file with, or to receive approval from, the Commission for policy forms and rates used in the insurance of large commercial risks. B. The form approval and rate filing exemption set forth in subsection A shall not apply to rates […]

§ 38.2-1904. Rate standards

A. Rates for the classes of insurance to which this chapter applies shall not be excessive, inadequate, or unfairly discriminatory. All rates and all changes and amendments to rates to which this chapter applies for use in this Commonwealth shall consider loss experience and other factors within Virginia if relevant and actuarially sound, provided that […]

§ 38.2-1906. Filing and use of rates

A. Each authorized insurer subject to the provisions of this chapter shall file with the Commission all rates and supplementary rate information and all changes and amendments to the rates and supplementary rate information made by it for use in the Commonwealth on or before the date they become effective. In cases where the Commission […]

§ 38.2-1906.1. Misquote of premium

Notwithstanding any other provision of this chapter, if an insurer or its agent provides a written quotation for insurance to an insured or applicant for insurance and the rate filing in effect for the insurer results in a premium increase of ten percent or more over the quoted premium, the insured or applicant may, within […]

§ 38.2-1907. Filings open to inspection

Each filing and all supplementary rate information filed under this chapter, other than information contained therein or filed therewith that constitutes a trade secret, as defined in § 59.1-336, shall be open to public inspection. The insurer or other person making such a filing shall have the burden of persuading the Commissioner that information constitutes […]

§ 38.2-1908. Rate making and delegation of filing obligation

A. An insurer shall establish rates and supplementary rate information for any market segment based on the factors in § 38.2-1904. A rate service organization shall establish prospective loss costs and supplementary rate information for any market segment based on the factors in § 38.2-1904. An insurer may use supplementary rate information prepared by a […]

§ 38.2-1909. Review of rates by Commission

The Commission may investigate and determine, (i) upon its own motion, (ii) at the request of any citizen or any interested party in this Commonwealth, or (iii) at the request of any insurer subject to this chapter, whether rates in this Commonwealth for the classes of insurance to which this chapter applies are excessive, inadequate […]

§ 38.2-1910. Disapproval of rates

A. If the Commission finds, after providing notice and opportunity to be heard, that a rate is not in compliance with § 38.2-1904, or is in violation of § 38.2-1916, the Commission shall order that use of the rate be discontinued for any policy issued or renewed after a date specified in the order. The […]

§ 38.2-1911. Special restrictions on individual insurers

A. The Commission may by order require that a particular insurer file any or all of its rates and supplementary rate information thirty days prior to their effective date, if the Commission finds, after providing notice and opportunity to be heard, that the protection of the interests of the insurer’s policyholders and the public in […]

§ 38.2-1913. Operation and control of rate service organizations

A. No rate service organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall use the service of a rate service organization for such purposes unless the rate service organization has obtained a license under § 38.2-1914. B. No rate service organization shall refuse to […]

§ 38.2-1914. Licensing of rate service organizations

A. A rate service organization applying for a license as required by § 38.2-1913 shall include with its application: 1. A copy of its constitution, charter, articles of organization, agreement, association or incorporation, and a copy of its bylaws, plan of operation and any other rules or regulations governing the conduct of its business; 2. […]

§ 38.2-1915. Joint underwriting or joint reinsurance organizations

A. Each group, association or other organization of insurers that engages in joint underwriting or joint reinsurance for a class of insurance to which this chapter applies shall file with the Commission (i) a copy of its constitution, articles of incorporation, agreement or association, and of its bylaws, rules and regulations governing its activities, all […]