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Home » US Law » 2022 Code of Virginia » Title 38.2 - Insurance » Chapter 5 - Unfair Trade Practices

§ 38.2-500. Declaration of purpose

The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the McCarran-Ferguson Act, 15 U.S.C. §§ 1011 through 1015, by defining and prohibiting all practices in this Commonwealth that constitute unfair methods of competition or unfair or deceptive acts or […]

§ 38.2-501. Definitions

As used in this chapter: “Insurance policy” or “insurance contract” includes annuities and any group or individual contract, certificate, or evidence of coverage, including, but not limited to, those issued by a health services plan, health maintenance organization, legal services organization, legal services plan, or dental or optometric services plan as provided for in Chapters […]

§ 38.2-502. Misrepresentations and false advertising of insurance policies

No person shall make, issue, circulate, cause or knowingly allow to be made, issued or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison that: 1. Misrepresents the benefits, advantages, conditions or terms of any insurance policy; 2. Misrepresents the dividends or share of the surplus to be received on any insurance policy; […]

§ 38.2-503. False information and advertising generally

No person shall knowingly make, publish, disseminate, circulate, or place before the public, or cause or knowingly allow, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio […]

§ 38.2-504. Defamation

No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet or encourage the making, publishing, disseminating or circulating of any oral or written statement or any pamphlet, circular, article or literature that is false, and maliciously critical of, or derogatory to, any person with respect to the business of insurance or […]

§ 38.2-505. Boycott, coercion and intimidation

No person shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance. Code 1950, § 38.1-52; 1952, c. 317, § 38.1-52.4; 1977, c. 529; 1978, c. 441; 1979, […]

§ 38.2-506. False statements and entries

No person shall: 1. Knowingly file with any supervisory or other public official, or knowingly make, publish, disseminate, circulate, or deliver to any person, or place before the public, or knowingly cause, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement of […]

§ 38.2-507. Stock operations and advisory board contracts

No person shall issue or deliver or permit agents, officers, or employees to issue or deliver capital stock, benefit certificates or shares in any corporation, securities, any special or advisory board contracts or any contract promising returns and profits as an inducement to insurance. Code 1950, § 38.1-52; 1952, c. 317, § 38.1-52.6; 1977, c. […]

§ 38.2-508. Unfair discrimination

No person shall: 1. Unfairly discriminate or permit any unfair discrimination between individuals of the same class and equal expectation of life (i) in the rates charged for any life insurance or annuity contract, or (ii) in the dividends or other benefits payable on the contract, or (iii) in any other of the terms and […]

§ 38.2-508.1. Unfair discrimination; members of the armed forces

A. No person shall refuse to issue or refuse to continue a life insurance policy on the life of any member of the United States Armed Forces, the Reserves of the United States Armed Forces or the National Guard due to (i) their status as a member of any such military organization or (ii) their […]

§ 38.2-508.2. Discrimination prohibited

No person shall refuse to issue or refuse to continue a life insurance policy on the life of any individual solely because of that individual’s race, color, sexual orientation, gender identity, religion, national origin, or sex. 1993, c. 152; 2020, c. 1137.

§ 38.2-508.3. Consideration of Medicaid eligibility prohibited

A. No person shall, in determining the eligibility of an individual for coverage under an individual or group accident and sickness policy, health services plan or health maintenance organization contract, consider the eligibility of such individual for medical assistance (“Medicaid”) from this Commonwealth or from any other state. B. No person shall, in determining benefits […]

§ 38.2-508.4. Genetic information privacy

A. As used in this section: “Genetic characteristic” means any scientifically or medically identifiable gene or chromosome, or alteration thereof, which is known to be a cause of a disease or disorder, or determined to be associated with a statistically increased risk of development of a disease or disorder, and which is asymptomatic of any […]

§ 38.2-509. Rebates

A. Except as otherwise expressly provided by law, no person shall: 1. Knowingly permit, offer, or make any insurance or annuity contract or agreement which is not plainly expressed in the contract issued; 2. Pay, allow or give, or offer to pay, allow or give, directly or indirectly, as inducement to any insurance or annuity […]

§ 38.2-510. Unfair claim settlement practices

A. No person shall commit or perform with such frequency as to indicate a general business practice any of the following: 1. Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue; 2. Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies; 3. Failing to […]

§ 38.2-511. Failure to maintain record of complaints

No person other than agents or brokers, shall fail to maintain a complete record of all the complaints that it has received since the date of its last examination under § 38.2-1317, provided that the records of complaints of a health carrier subject to Chapter 58 (§ 38.2-5800 et seq.) of this title shall be […]

§ 38.2-512. Misrepresentation in insurance documents or communications

A. No person shall make or cause or allow to be made false or fraudulent statements or representations on or relative to an application or any document or communication relating to the business of insurance for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, premium finance company, […]