38.2-317 - Delivery and use of certain policies and endorsements.
§ 38.2-317. Delivery and use of certain policies and endorsements.
A. No insurance policy or endorsement of the kind to which Chapter 19 (§38.2-1900 et seq.) of this title applies shall be delivered or issued fordelivery in this Commonwealth unless the policy form or endorsement is filedwith the Commission at least thirty days prior to its effective date. Theprovisions of this section shall not apply to statutory fire insurancepolicies, standard automobile policy forms and endorsements, workers'compensation and employers' liability insurance as defined in § 38.2-119,surety insurance as defined in § 38.2-121, or insurance of large commercialrisks as defined in § 38.2-1903.1.
B. The Commission may disapprove or withdraw approval of the policy form orendorsement to which the section applies if the policy form or endorsement:
1. Is in violation of any provision of this title;
2. Contains provisions that are contrary to the public policy of thisCommonwealth;
3. Contains or incorporates by reference, even where such incorporation isotherwise permissible, any inconsistent, ambiguous or misleading clauses orexceptions and conditions that deceptively affect the risk purported to beassumed in the general coverage of the policy;
4. Has any title, heading or other indication of its provisions that ismisleading;
5. Contains provisions that are so unclear or deceptively worded that theyencourage misrepresentation; or
6. Provides coverage of such a limited nature that it is contrary to thepublic interest of this Commonwealth.
C. Within thirty days after the filing of any policy form or endorsementrequiring approval pursuant to this section, the Commission shall notify theinsurer or rate service organization filing the policy form or endorsement ofits approval or disapproval, and in the event of disapproval, its reasontherefor. The Commission, at its discretion, may extend for up to anadditional thirty days the period within which it shall approve or disapprovethe policy form or endorsement. Any policy form or endorsement received butneither approved nor disapproved by the Commission shall be deemed approvedat the expiration of the thirty days if the period is not extended, or at theexpiration of the extended period, if any; however, no policy form orendorsement shall be deemed approved under the provisions of this sectionunless written notice of the intent to use the policy form or endorsement hasbeen filed with the Commission.
D. If the Commission proposes to withdraw approval previously given or deemedgiven to the policy form or endorsement to which this section applies, itshall notify the insurer in writing at least ninety days prior to theproposed effective date of withdrawal giving its reasons for withdrawal.
E. The policy and endorsement forms referred to in subsection A of thissection in use on October 1, 1976, may continue to be used, subject todisapproval by the Commission.
F. The Commission may by rule exempt any person, class of persons, or marketsegment from any or all of the provisions of this section. In promulgating anexemption, the Commission may consider the nature of the coverage, the personor persons to be insured or covered, the competence of the buyer or otherparties to the contract, and other criteria the Commission considers relevant.
G. The policy and endorsement forms referred to in subsection A of thissection shall be open to public inspection. Copies may be obtained by anyperson on request and upon payment of a reasonable charge for the copies.
H. Any insurer whose rate service organization files on behalf of suchinsurer shall notify the Commission prior to the effective date of any filingif the insurer is not going to accept the filing made on its behalf.
I. Notwithstanding anything to the contrary in subsection A, the provisionsof this section shall apply to policies and endorsements of creditinvoluntary unemployment insurance, as defined in § 38.2-122.1, and topolicies and endorsements of credit property insurance, as defined in §38.2-122.2, delivered or issued for delivery in this Commonwealth, and tocertificates of credit involuntary unemployment insurance and credit propertyinsurance delivered or issued for delivery in this Commonwealth where thegroup policy is delivered in another state.
(1976, c. 278, § 38.1-279.48:1; 1986, c. 562; 1988, c. 523; 1993, c. 985;1997, c. 26; 2000, cc. 526, 548.)