§ 38.2-2113. Mailing or electronic delivery of notice of cancellation orrefusal to renew.
A. No written notice of cancellation or refusal to renew a policy written toinsure owner-occupied dwellings shall be effective when mailed, or deliveredelectronically if the notice is of a refusal to renew such a policy, by aninsurer unless:
1. a. It is sent by registered or certified mail,
b. At the time of mailing the insurer obtains a written receipt from theUnited States Postal Service showing the name and address of the insuredstated in the policy,
c. At the time of mailing the insurer (i) obtains a written receipt from theUnited States Postal Service showing the date of mailing and the number ofitems mailed and (ii) retains a mailing list showing the name and address ofthe insured stated in the policy, or the last known address, to whom thenotices were mailed, together with a signed statement by the insurer that thewritten receipt from the United States Postal Service corresponds to themailing list retained by the insurer, or
d. If delivered electronically, the insurer retains evidence of electronictransmittal or receipt of the notification for at least one year from thedate of the transmittal; and
2. The insurer retains a copy of the notice of cancellation or refusal torenew.
3. [Repealed.]
B. This section shall not apply to policies written through the VirginiaProperty Insurance Association or any other residual market facilityestablished pursuant to Chapter 27 (§ 38.2-2700 et seq.) of this title.
C. 1. If the terms of the policy require the notice of cancellation orrefusal to renew to be given to any lienholder, then the insurer shall mailsuch notice and retain a copy of the notice in the manner required bysubsection A of this section. If the notices sent to the insured and thelienholder are part of the same form, the insurer may retain a single copy ofthe notice. The registered, certified or regular mail postal receipt and copyof the notices required by this section shall be retained by the insurer forat least one year from the date of termination.
2. Notwithstanding the provisions of subdivision C 1, if the terms of thepolicy require the notice of cancellation or refusal to renew to be given toany lienholder, the insurer and lienholder may agree by separate agreementthat such notices may be transmitted electronically provided that the insurerand lienholder agree upon the specifics for transmittal and acknowledgementof notification. Evidence of transmittal or receipt of the notificationrequired by this subsection shall be retained by the insurer for at least oneyear from the date of termination.
D. Copy, as used in this section, shall include photographs,microphotographs, photostats, microfilm, microcard, printouts or otherreproductions of electronically stored data or copies from optical disks,electronically transmitted facsimiles, or any other reproduction of anoriginal from a process which forms a durable medium for its recording,storing, and reproducing.
(1972, c. 110, § 38.1-371.1; 1983, c. 371; 1986, c. 562; 1992, c. 160; 2000,c. 529; 2003, c. 387; 2009, c. 215.)
§ 38.2-2113. Mailing or electronic delivery of notice of cancellation orrefusal to renew.
A. No written notice of cancellation or refusal to renew a policy written toinsure owner-occupied dwellings shall be effective when mailed, or deliveredelectronically if the notice is of a refusal to renew such a policy, by aninsurer unless:
1. a. It is sent by registered or certified mail,
b. At the time of mailing the insurer obtains a written receipt from theUnited States Postal Service showing the name and address of the insuredstated in the policy,
c. At the time of mailing the insurer (i) obtains a written receipt from theUnited States Postal Service showing the date of mailing and the number ofitems mailed and (ii) retains a mailing list showing the name and address ofthe insured stated in the policy, or the last known address, to whom thenotices were mailed, together with a signed statement by the insurer that thewritten receipt from the United States Postal Service corresponds to themailing list retained by the insurer, or
d. If delivered electronically, the insurer retains evidence of electronictransmittal or receipt of the notification for at least one year from thedate of the transmittal; and
2. The insurer retains a copy of the notice of cancellation or refusal torenew.
3. [Repealed.]
B. This section shall not apply to policies written through the VirginiaProperty Insurance Association or any other residual market facilityestablished pursuant to Chapter 27 (§ 38.2-2700 et seq.) of this title.
C. 1. If the terms of the policy require the notice of cancellation orrefusal to renew to be given to any lienholder, then the insurer shall mailsuch notice and retain a copy of the notice in the manner required bysubsection A of this section. If the notices sent to the insured and thelienholder are part of the same form, the insurer may retain a single copy ofthe notice. The registered, certified or regular mail postal receipt and copyof the notices required by this section shall be retained by the insurer forat least one year from the date of termination.
2. Notwithstanding the provisions of subdivision C 1, if the terms of thepolicy require the notice of cancellation or refusal to renew to be given toany lienholder, the insurer and lienholder may agree by separate agreementthat such notices may be transmitted electronically provided that the insurerand lienholder agree upon the specifics for transmittal and acknowledgementof notification. Evidence of transmittal or receipt of the notificationrequired by this subsection shall be retained by the insurer for at least oneyear from the date of termination.
D. Copy, as used in this section, shall include photographs,microphotographs, photostats, microfilm, microcard, printouts or otherreproductions of electronically stored data or copies from optical disks,electronically transmitted facsimiles, or any other reproduction of anoriginal from a process which forms a durable medium for its recording,storing, and reproducing.
(1972, c. 110, § 38.1-371.1; 1983, c. 371; 1986, c. 562; 1992, c. 160; 2000,c. 529; 2003, c. 387; 2009, c. 215.)
§ 38.2-2113. Mailing or electronic delivery of notice of cancellation orrefusal to renew.
A. No written notice of cancellation or refusal to renew a policy written toinsure owner-occupied dwellings shall be effective when mailed, or deliveredelectronically if the notice is of a refusal to renew such a policy, by aninsurer unless:
1. a. It is sent by registered or certified mail,
b. At the time of mailing the insurer obtains a written receipt from theUnited States Postal Service showing the name and address of the insuredstated in the policy,
c. At the time of mailing the insurer (i) obtains a written receipt from theUnited States Postal Service showing the date of mailing and the number ofitems mailed and (ii) retains a mailing list showing the name and address ofthe insured stated in the policy, or the last known address, to whom thenotices were mailed, together with a signed statement by the insurer that thewritten receipt from the United States Postal Service corresponds to themailing list retained by the insurer, or
d. If delivered electronically, the insurer retains evidence of electronictransmittal or receipt of the notification for at least one year from thedate of the transmittal; and
2. The insurer retains a copy of the notice of cancellation or refusal torenew.
3. [Repealed.]
B. This section shall not apply to policies written through the VirginiaProperty Insurance Association or any other residual market facilityestablished pursuant to Chapter 27 (§ 38.2-2700 et seq.) of this title.
C. 1. If the terms of the policy require the notice of cancellation orrefusal to renew to be given to any lienholder, then the insurer shall mailsuch notice and retain a copy of the notice in the manner required bysubsection A of this section. If the notices sent to the insured and thelienholder are part of the same form, the insurer may retain a single copy ofthe notice. The registered, certified or regular mail postal receipt and copyof the notices required by this section shall be retained by the insurer forat least one year from the date of termination.
2. Notwithstanding the provisions of subdivision C 1, if the terms of thepolicy require the notice of cancellation or refusal to renew to be given toany lienholder, the insurer and lienholder may agree by separate agreementthat such notices may be transmitted electronically provided that the insurerand lienholder agree upon the specifics for transmittal and acknowledgementof notification. Evidence of transmittal or receipt of the notificationrequired by this subsection shall be retained by the insurer for at least oneyear from the date of termination.
D. Copy, as used in this section, shall include photographs,microphotographs, photostats, microfilm, microcard, printouts or otherreproductions of electronically stored data or copies from optical disks,electronically transmitted facsimiles, or any other reproduction of anoriginal from a process which forms a durable medium for its recording,storing, and reproducing.
(1972, c. 110, § 38.1-371.1; 1983, c. 371; 1986, c. 562; 1992, c. 160; 2000,c. 529; 2003, c. 387; 2009, c. 215.)
