Virginia Code

Va. Code Ann. § 38.2-100 (2026)

Definitions

✓ current as of May 2026

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As used in this title:

"Alien company" means a company incorporated or organized under the laws of any country other than the United States.

"Bureau" or "Bureau of Insurance" means the division of the Commission established to administer the insurance laws of the Commonwealth.

"Commission" means the State Corporation Commission.

"Commissioner" or "Commissioner of Insurance" means the administrative or executive officer of the Bureau.

"Company" means any association, aggregate of individuals, business, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society.

"Domestic company" means a company incorporated or organized under the laws of the Commonwealth.

"Foreign company" means a company incorporated or organized under the laws of the United States, or of any state other than the Commonwealth.

"Health services plan" means any arrangement for offering or administering health services or similar or related services by a corporation licensed under Chapter 42 (§ 38.2-4200 et seq.).

"Insurance" means the business of transferring risk by contract wherein a person, for a consideration, undertakes (i) to indemnify another person, (ii) to pay or provide a specified or ascertainable amount of money, or (iii) to provide a benefit or service upon the occurrence of a determinable risk contingency. Without limiting the foregoing, "insurance" shall include (i) each of the classifications of insurance set forth in Article 2 (§ 38.2-101 et seq.) of this chapter and (ii) the issuance of group and individual contracts, certificates, or evidences of coverage by any health services plan as provided for in Chapter 42 (§ 38.2-4200 et seq.), health maintenance organization as provided for in Chapter 43 (§ 38.2-4300 et seq.), legal services organization or legal services plan as provided for in Chapter 44 (§ 38.2-4400 et seq.), dental or optometric services plan as provided for in Chapter 45 (§ 38.2-4500 et seq.), and dental plan organization as provided for in Chapter 61 (§ 38.2-6100 et seq.). "Insurance" shall not include any activity involving a home service contract that is subject to regulation pursuant to Chapter 33.1 (§ 59.1-434.1 et seq.) of Title 59.1; an extended service contract that is subject to regulation pursuant to Chapter 34 (§ 59.1-435 et seq.) of Title 59.1; a warranty made by a manufacturer, seller, lessor, or builder of a product or service; or a service agreement offered by an automobile club as defined in subsection E of § 38.2-514.1.

"Insurance company" means any company engaged in the business of making contracts of insurance.

"Insurance transaction," "insurance business," and "business of insurance" include solicitation, negotiations preliminary to execution, execution of an insurance contract, and the transaction of matters subsequent to execution of the contract and arising out of it.

"Insurer" means an insurance company.

"Medicare" means the "Health Insurance for the Aged Act," Title XVIII of the Social Security Amendment of 1965, as amended.

"Person" means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society.

"Rate" or "rates" means any rate of premium, policy fee, membership fee or any other charge made by an insurer for or in connection with a contract or policy of insurance. The terms "rate" or "rates" shall not include a membership fee paid to become a member of an organization or association, one of the benefits of which is the purchasing of insurance coverage.

"Rate service organization" means any organization or person, other than a joint underwriting association under § 38.2-1915 or any employee of an insurer including those insurers under common control or management, who assists insurers in ratemaking or filing by:

(a) Collecting, compiling, and furnishing loss or expense statistics;

(b) Recommending, making or filing rates or supplementary rate information; or

"State" means any commonwealth, state, territory, district or insular possession of the United States.

"Surplus to policyholders" means the excess of total admitted assets over the liabilities of an insurer, and shall be the sum of all capital and surplus accounts, including any voluntary reserves, minus any impairment of all capital and surplus accounts.

Without otherwise limiting the meaning of or defining the following terms, "insurance contracts" or "insurance policies" shall include contracts of fidelity, indemnity, guaranty and suretyship.

Code 1950, §§ 38-1, 38-194, 38-253.20, 38-253.67; 1952, c. 317, §§ 38.1-1, 38.1-219; 1973, c. 504, § 38.1-279.30; 1980, c. 204, § 38.1-362.12; 1986, c. 562; 2001, c. 707; 2004, c. 668; 2017, cc. 653, 727; 2020, c. 264.

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 1988–2026 · leading case: Minnieland Private Day Sch., Inc. v. Applied Underwriters Captive Risk Assurance Co., 913 F.3d 409 (4th Cir. 2019).

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Minnieland Private Day Sch., Inc. v. Applied Underwriters Captive Risk Assurance Co., 913 F.3d 409 (4th Cir. 2019). “" It does define "insurance," however, as "the business of transferring risk by contract wherein a person, for a consideration, undertakes (i) to indemnify another person, (ii) to pay or provide a specified or ascertainable amount of money, or (iii) to provide a benefit or…”

State Farm Mut. Auto. Ins. v. Seay, 373 S.E.2d 910 (Va. 1988). · cites it 2× “1-971 were repealed and replaced by Code §§ 38.2-100 through 38.2-4916. (Acts 1986, ch.”

Stuart Circle Hosp. Corp. v. Aetna Health Mgmt., 800 F. Supp. 328 (E.D. Va. 1992). · cites it 2× “2-3407 is a portion of Virginia’s Insurance Code and its provisions apply solely to “insurers” as defined in section 38.2-100. None of Plaintiff’s arguments are persuasive.”

Canal Ins. v. Lebanon Ins. Agency, Inc., 543 F. Supp. 2d 521 (W.D. Va. 2008). · cites it 2× “See Va.Code Ann. § 38.2-100, Editor's Note (2007) (describing history of title 38.”

Saturn Distrib. Corp. v. Williams, 717 F. Supp. 1147 (E.D. Va. 1989). · cites it 3× “Other provisions of the Virginia Motor Vehicle Dealer Licensing Act, not to mention the Insurance Code, Va.Code §§ 38.2-100 et seq., the Beer Franchise Act, id.”

Richter v. Capp Care, Inc., 868 F. Supp. 163 (E.D. Va. 1994). · cites it 3× “2-3407(B) (Michie 1994), and its provisions that provide a prohibition against unreasonable discrimination against physicians. However, Capp Care is not subject to the provisions of § 38.”

Northland Ins. v. Va. Prop. & Cas. Ins., 392 S.E.2d 682 (Va. 1990). · cites it 2× “This statute expressly grants a UM provider a right of subrogation "against the person causing the injury, death, or damage and that person's insurer " when a provider pays an injured party's UM claim.”

Virginia Farm Bureau Mut. Ins. v. Jerrell, 373 S.E.2d 913 (Va. 1988). · cites it 2× “1-971 were repealed and replaced by Code §§ 38.2-100 through 38.2-4916 (Acts 1986, ch.”

Northland Ins. v. Virginia Prop. & Cas. Ins. Guar. Ass'n, 392 S.E.2d 682 (Va. 1990). · cites it 2× “This statute expressly grants a UM provider a right of subrogation “against the person causing the injury, death, or damage and that person’s insurer” when a provider pays an injured party’s UM claim.”

Whitlinger v. Cont'l Cas. Co., 129 F. Supp. 2d 924 (E.D. Va. 2001). · cites it 2× “Va. Code Ann. § 38.2-100 . The canon of statutory construction “inelusio unius est exclu-sio alterius” is thus applicable: where the Virginia legislature has set forth specific types of insurance to which § 38.”

Adroit Health Grp., LLC v. Darlene Reeves (Va. Ct. App. 2026). · cites it 4× “” Code § 38.2-100. Further, the “business of insurance” is -8- statutorily defined as “includ[ing the] solicitation, negotiations preliminary to execution, execution of an insurance contract, and the transaction of matters subsequent to execution of the contract and arising out…”

Virginia Prop. & Cas. Ins. v. Chesapeake Hosp. Auth., 75 Va. Cir. 396 (Chesapeake Cir. Ct. 2008). · cites it 5× “” Va. Code § 38.2-100 (emphasis added). As a result and because this court is directed under Virginia Code § 38.”

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