A. The Commission may establish guidelines for the filing of simplified and readable policies of insurance. An insurer may issue a simplified and readable policy of insurance that deviates in language from the standard policy form provided for in §§ 38.2-2104, 38.2-2105, and 38.2-2106 if the deviating policy form is (i) in no respect less favorable to the insured than the standard policy form, and is (ii) approved by the Commission prior to issuance.
B. Notwithstanding the pro rata liability provision included in § 38.2-2105, such simplified and readable policies or endorsements may be issued to apply on an excess basis if such provisions are clearly stated in the policy form or endorsement.
1977, c. 255, § 38.1-367.1; 1979, c. 176; 1986, c. 562; 2003, c. 930; 2013, c. 12.
Notes of Decisions
Allstate Prop. & Cas. Ins. Co. v. Ploutis, 776 S.E.2d 793 (Va. 2015).
· cites it 6× “2-2105(A) or a "simplified and readable policy" as authorized by Code § 38.2-2107. Allstate's policy does not use the standard policy form and the language regarding the period of limitations is not identical to the language contained in Code § 38.”
Zaeno Int'l, Inc. v. State Farm Fire & Cas., 152 F. Supp. 2d 882 (E.D. Va. 2001).
· cites it 4× “” Va.Code § 38.2-2107. The Virginia standard insurance policy form, in relevant part, provides as follows: No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been…”
Coker v. State Farm Fire & Cas. Co., 45 Va. Cir. 510 (Fairfax Cir. Ct. 1998).
· cites it 14× “In response, State Farm asserts that Va. Code § 38.2-2107 authorizes an insurance company to use simplified language as an alternative to the language found in Va.”
Allstate Ins. Co. v. Charity, 496 S.E.2d 430 (Va. 1998).
· cites it 2× “Section 38.2-2107 provides that a company may use simplified alternative language which is no less favorable to the insured than that contained in § 38.”
Whitmer v. Graphic Arts Mut. Ins., 410 S.E.2d 642 (Va. 1991).
· cites it 2× “Whitmer’s next contention is that Graphic’s replacement requirements conflict with several provisions of the standard insurance policy form mandated by Code § 38.”
Sethi v. Citizens Ins. Co. of Am., 157 F. Supp. 3d 501 (W.D. Va. 2016).
· cites it 2× “2 See Va. Code Ann. § 38.2-2107 (A) (fire insurance policies must either contain the standard policy form or “simplified and readable policy” language that is no less favorable).”
Stone v. Certain Underwriters at Lloyds, London, 258 F. Supp. 2d 436 (E.D. Va. 2003).
· cites it 9× “Under Va.Code § 38.2-2107, a fire insurance policy’s wording may deviate from the required wording if it is “(i) in no respect less favorable to the insured than the standard policy form, and is (ii) approved by the [Insurance] Commission pri- or to issuance.”
Allstate v. Ploutis, No. 141536 (Va. Sept. 17, 2015).
· cites it 6× “2-2105(A) or a “simplified and readable policy” as authorized by Code § 38.2-2107. Allstate’s policy does not use the standard policy form and the language regarding the period of limitations is not identical to the language contained in Code § 38.”
Graham v. United Servs. Auto. Ass'n, 89 Va. Cir. 94 (Prince William Cir. Ct. 2014).
· cites it 2× “2-2105(A), in an alternate form approved by the Insurance Commission, as authorized by § 38.2-2107. 2. The Defendant in this case, USAA, is the insurer under that policy of insurance, which was in effect as of the date of the fire.”
Va. Code Ann. § 38.2-2107(A): 2 cases
Allstate Prop. & Cas. Ins. Co. v. Ploutis, 776 S.E.2d 793 (Va. 2015).
“2-2105(A) or a "simplified and readable policy" as authorized by Code § 38.2-2107. Allstate's policy does not use the standard policy form and the language regarding the period of limitations is not identical to the language contained in Code § 38.”
Allstate v. Ploutis, No. 141536 (Va. Sept. 17, 2015).
“2-2105(A) or a “simplified and readable policy” as authorized by Code § 38.2-2107. Allstate’s policy does not use the standard policy form and the language regarding the period of limitations is not identical to the language contained in Code § 38.”
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