Be it enacted by the General Assembly of Virginia:
1. That §§38.2-1902, 38.2-2218, and 38.2-2219 of the Code of Virginia are amended and reenacted as follows:
§38.2-1902. Scope of chapter.
A. Except as provided in subsection B of this section,
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;
2. Insurance on a specific risk as provided in §38.2-1920;
3. Reinsurance, other than joint reinsurance, to the extent stated in §38.2-1915;
4. Life insurance as defined in §38.2-102;
5. Annuities as defined in §§38.2-106 and 38.2-107;
6. Accident and sickness insurance as defined in §38.2-109;
7. Title insurance as defined in §38.2-123;
8. Insurance of vessels or craft used primarily in a trade or business, their cargoes, marine builders' risks and marine protection and indemnity;
9. Insurance against loss of or damage to hulls of aircraft, including their accessories and equipment, or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance or use of aircraft;
10. Automobile bodily injury and property damage liability
insurance issued to: (i) any motor carrier of property who is required to file
such insurance with the Department of Motor Vehicles pursuant to §46.2-2053 or
any amendment to that section; or (ii) any motor carrier of property required
by 49 U.S.C.A. §315, or any rule or regulation prescribed by the Interstate
Commerce Commission pursuant to 49 U.S.C.A. §315, to file such insurance with
the Interstate Commerce Commission;
11. Insurance written through the Virginia Automobile
Insurance Plan. However, §38.2-1905 shall apply to insurance written through
the Plan;
12. 11. Insurance provided pursuant to Chapter
27 (§38.2-2700 et seq.) of this title;
13. 12. Home protection contracts as defined by
§38.2-2600 and their rates until such time as the Commission determines there
is sufficient competition in the industry as provided by §38.2-2608.
C. This chapter shall not apply to any class of insurance written (i) by any mutual assessment property and casualty insurance company organized and operating under the laws of this Commonwealth and doing business only in this Commonwealth or (ii) by any mutual insurance company or association organized under the laws of this Commonwealth, conducting business only in this Commonwealth, and issuing only policies providing for perpetual insurance.
§38.2-2218. Adoption of standard forms for motor vehicle insurance.
The Commission shall prepare a standard form whenever it
believes that any form of policy or any form of rider, endorsement, or other
supplemental agreement or provision, for use in connection with any contract of
motor vehicle insurance to be issued or delivered upon any motor vehicle
principally garaged or principally used in this Commonwealth, is so extensively
used that a standard form is desirable. The Commission shall file a copy of the
standard form in its office and shall provide by order that, at least thirty
30 days after the order, the form shall become a standard form for use by
all insurers unless objection to the proposed form is filed with the Commission
within twenty 20 days after the entry of the order. The
Commission shall mail a copy provide notice of its order to all
insurers licensed to transact the class of insurance to which the form is
applicable, and to all rate service and advisory organizations representing
those insurers.
§38.2-2219. Hearing on objections to the form.
If any insurer or rate service organization affected by an
order entered pursuant to §38.2-2218 files objections to a proposed standard form
within the time prescribed in the Commission's order, the Commission shall
rescind the order and shall notify provide notice of the rescission
to all insurers and rate service organizations affected by the order that
on a day specified in the notice, which shall be at least thirty 30
days from the date on which the objections are received, it will hold a public
hearing on the adoption of the proposed form, and that at the hearing any
person interested may appear and be heard. After the hearing the Commission may
by order confirm or amend the proposed form and set a day, at least thirty
30 days after the entry of the order, when the approved form shall become a
standard form for use by all insurers. The Commission may by like order
refuse to adopt the proposed form.
2. That §38.2-3515 of the Code of Virginia is repealed.