38.2-601 - Application of chapter.
§ 38.2-601. Application of chapter.
A. The obligations imposed by this chapter shall apply to those insuranceinstitutions, 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 insurancetransactions that pertains to natural persons who are residents of thisCommonwealth; or
b. Engage in insurance transactions with applicants, individuals, orpolicyholders who are residents of this Commonwealth; and
2. In the case of property or casualty insurance:
a. Collect, receive or maintain information in connection with insurancetransactions involving policies, contracts or certificates of insurancedelivered, issued for delivery or renewed in this Commonwealth; or
b. Engage in insurance transactions involving policies, contracts orcertificates of insurance delivered, issued for delivery or renewed in thisCommonwealth.
B. The rights granted by this chapter shall extend to:
1. In the case of life or accident and sickness insurance, the followingpersons who are residents of this Commonwealth:
a. Natural persons who are the subject of information collected, received ormaintained in connection with insurance transactions; and
b. Applicants, individuals or policyholders who engage in or seek to engagein 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 ormaintained in connection with insurance transactions involving policies,contracts or certificates of insurance delivered, issued for delivery orrenewed in this Commonwealth; and
b. Applicants, individuals, or policyholders who engage in or seek to engagein insurance transactions involving policies, contracts or certificates ofinsurance delivered, issued for delivery or renewed in this Commonwealth.
C. For purposes of this section, a person shall be considered a resident ofthis Commonwealth if the person's last known mailing address, as shown in therecords of the insurance institution, agent or insurance-supportorganization, is located in this Commonwealth.
D. Notwithstanding subsections A and B of this section, this chapter shallnot apply to information collected from the public records of a governmentalauthority and maintained by an insurance institution or its representativesfor the purpose of insuring the title to real property located in thisCommonwealth.
E. The provisions of this chapter shall apply only to insurance purchasedprimarily for personal, family or household purposes.
(1981, c. 389, § 38.1-57.4; 1986, c. 562; 2001, c. 371.)