Code of Virginia
Chapter 6 - Insurance Information and Privacy Protection
§ 38.2-612. Bases for adverse underwriting decisions

A. No insurance institution or agent may base an adverse underwriting decision in whole or in part:
1. On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism. However, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
2. On personal information received from an insurance-support organization whose primary source of information is insurance institutions. However, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from an insurance-support organization; or
3. On the fact that an individual previously obtained insurance coverage from a particular insurance institution or agent.
B. No insurance institution or agent may base an adverse underwriting decision solely on the loss history of a previous owner of the property to be insured.
1981, c. 389, § 38.1-57.15; 1986, c. 562; 1990, c. 524; 2003, c. 415.

Structure Code of Virginia

Code of Virginia

Title 38.2 - Insurance

Chapter 6 - Insurance Information and Privacy Protection

§ 38.2-600. Purposes

§ 38.2-601. Application of article

§ 38.2-602. Definitions

§ 38.2-603. Pretext interviews

§ 38.2-604. Notice of information collection and disclosure practices

§ 38.2-604.1. Notice of financial information collection and disclosure practices

§ 38.2-605. Marketing and research surveys

§ 38.2-606. Content of disclosure authorization forms

§ 38.2-607. Investigative consumer reports

§ 38.2-608. Access to recorded personal information

§ 38.2-609. Correction, amendment, or deletion of recorded personal information

§ 38.2-610. Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information

§ 38.2-611. Information concerning previous adverse underwriting decisions

§ 38.2-612. Bases for adverse underwriting decisions

§ 38.2-612.1. Special requirements for providing financial information to nonaffiliated third parties

§ 38.2-612.2. Protection of the Fair Credit Reporting Act

§ 38.2-613. Disclosure limitations and conditions

§ 38.2-613.01. Commission to promulgate regulations on disclosure of certain medical test results to insurance applicants

§ 38.2-613.1. Disclosure of agent's moratorium required

§ 38.2-613.2. Repealed

§ 38.2-614. Powers of Commission

§ 38.2-615. Hearings and procedures

§ 38.2-616. Service of process on insurance-support organizations

§ 38.2-617. Individual remedies

§ 38.2-618. Immunity of persons disclosing information

§ 38.2-619. Obtaining information under false pretenses

§ 38.2-620. Repealed

§ 38.2-621. Definitions

§ 38.2-622. Private cause of action; neither created nor curtailed

§ 38.2-623. Information security program

§ 38.2-624. Investigation of a cybersecurity event

§ 38.2-625. Notice to Commissioner

§ 38.2-626. Notice to consumers

§ 38.2-627. Powers and duties of the Commission; exclusive state standards

§ 38.2-628. Confidentiality

§ 38.2-629. Exceptions