{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-2213.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-2213.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-2213.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-2213.1.html"}],"law_id":361804,"edition_id":2,"section_id":361804,"structure_id":51712,"section_number":"38.2-2213.1","catch_line":"Certain action prohibited when motor vehicle owner fails to allow access to recorded data from recording device","history":"2006, cc. 851, 889.","full_text":"No insurer or agent shall reduce coverage, increase the insured’s premium, apply a surcharge, refuse to apply a discount other than a discount that is based on data recorded by a recording device as defined in \u00a7 46.2-1088.6, place in a less favorable tier, refuse to place in the company’s best tier, or when there are multiple companies available within a group of insurers, fail to place in the most favorably priced company solely because a motor vehicle owner refuses to allow an insurer access to recorded data as defined in \u00a7 46.2-1088.6 from a recording device as defined in \u00a7 46.2-1088.6. However, nothing in this section shall prohibit an insurer from charging an actuarially sound rate in accordance with subdivision A 3 of \u00a7 38.2-1904.\n\n","order_by":null,"text":{"0":{"id":1347070,"text":"No insurer or agent shall reduce coverage, increase the insured’s premium, apply a surcharge, refuse to apply a discount other than a discount that is based on data recorded by a recording device as defined in \u00a7 46.2-1088.6, place in a less favorable tier, refuse to place in the company’s best tier, or when there are multiple companies available within a group of insurers, fail to place in the most favorably priced company solely because a motor vehicle owner refuses to allow an insurer access to recorded data as defined in \u00a7 46.2-1088.6 from a recording device as defined in \u00a7 46.2-1088.6. However, nothing in this section shall prohibit an insurer from charging an actuarially sound rate in accordance with subdivision A 3 of \u00a7 38.2-1904.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51712,"edition_id":2,"name":"Liability Insurance Policies","identifier":"22","label":"chapter","depth":2,"order_by":22,"parent_id":51644,"metadata":{"child_laws":41,"child_structures":0},"date_created":"2026-08-02 02:47:01","date_modified":"2026-08-02 12:33:06","permalink":{"id":1440547,"object_type":"structure","relational_id":51712,"identifier":"22","token":"38.2\/22","url":"\/38.2\/22\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51644,"edition_id":2,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":88,"parent_id":null,"metadata":{"child_laws":1890,"child_structures":173},"date_created":"2026-08-02 02:45:30","date_modified":"2026-08-02 12:32:55","permalink":{"id":1437663,"object_type":"structure","relational_id":51644,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":361785,"structure_id":51712,"section_number":"38.2-2200","catch_line":"Required provisions as to insolvency or bankruptcy, and as to when action maintained against insurer","url":"\/38.2-2200\/","token":"38.2\/22\/38.2-2200","metadata":false},{"id":361786,"structure_id":51712,"section_number":"38.2-2201","catch_line":"Provisions for payment of medical expense and loss of income benefits; assignment of certain benefits","url":"\/38.2-2201\/","token":"38.2\/22\/38.2-2201","metadata":false},{"id":361787,"structure_id":51712,"section_number":"38.2-2202","catch_line":"Required notice of optional coverage available","url":"\/38.2-2202\/","token":"38.2\/22\/38.2-2202","metadata":false},{"id":361788,"structure_id":51712,"section_number":"38.2-2203","catch_line":"Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians","url":"\/38.2-2203\/","token":"38.2\/22\/38.2-2203","metadata":false},{"id":361789,"structure_id":51712,"section_number":"38.2-2204","catch_line":"Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; \"omnibus clause.\"","url":"\/38.2-2204\/","token":"38.2\/22\/38.2-2204","metadata":false},{"id":361791,"structure_id":51712,"section_number":"38.2-2205","catch_line":"Liability insurance on motor vehicles; standard provisions; applicability of other valid and collectible insurance","url":"\/38.2-2205\/","token":"38.2\/22\/38.2-2205","metadata":false},{"id":361790,"structure_id":51712,"section_number":"38.2-2205.1","catch_line":"Suspension of liability coverage at insured's request","url":"\/38.2-2205.1\/","token":"38.2\/22\/38.2-2205.1","metadata":false},{"id":361792,"structure_id":51712,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","url":"\/38.2-2206\/","token":"38.2\/22\/38.2-2206","metadata":false},{"id":361793,"structure_id":51712,"section_number":"38.2-2207","catch_line":"No policy to exclude coverage to employee","url":"\/38.2-2207\/","token":"38.2\/22\/38.2-2207","metadata":false},{"id":361794,"structure_id":51712,"section_number":"38.2-2208","catch_line":"Notices of cancellation of or refusal to renew motor vehicle insurance policies","url":"\/38.2-2208\/","token":"38.2\/22\/38.2-2208","metadata":false},{"id":361795,"structure_id":51712,"section_number":"38.2-2209","catch_line":"Motor vehicle liability medical benefit insurer not to retain right of subrogation to recover from third party","url":"\/38.2-2209\/","token":"38.2\/22\/38.2-2209","metadata":false},{"id":361800,"structure_id":51712,"section_number":"38.2-2210","catch_line":"Warning concerning cancellation to appear on application for motor vehicle liability insurance; 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Judge KING wrote the opinion, in which Judge WILKINS and Judge .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"3":{"name":"Morrel v. Nationwide Mutual","case_number":"98-1963","citation":null,"date":"1999-08-16","url":"https:\/\/www.courtlistener.com\/opinion\/2967065\/morrel-v-nationwide-mutual\/","abstract":" .\u202f.\u202f. PUBLISHED .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"4":{"name":"Vermont Mutual Insurance v. Everette","case_number":"Action 4:94cv00090","citation":"875 F. Supp. 1181","date":"1995-02-09","url":"https:\/\/www.courtlistener.com\/opinion\/1394945\/vermont-mutual-insurance-v-everette\/","abstract":" .\u202f.\u202f. 875 F.Supp. 1181 (1995) .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"5":{"name":"State Auto Property & Casualty Insurance v. Gorsuch","case_number":"1:03CV00128","citation":"323 F. 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Virginia"}}}},{"id":361820,"structure_id":51712,"section_number":"38.2-2226.1","catch_line":"Insurer to give notice of settlement of claim","url":"\/38.2-2226.1\/","token":"38.2\/22\/38.2-2226.1","metadata":{"court_decisions":""}},{"id":361822,"structure_id":51712,"section_number":"38.2-2227","catch_line":"Aircraft liability policy not to deny coverage for violation of federal or civil regulations, etc.; permitted exclusions or conditions","url":"\/38.2-2227\/","token":"38.2\/22\/38.2-2227","metadata":false},{"id":361824,"structure_id":51712,"section_number":"38.2-2228","catch_line":"Repealed","url":"\/38.2-2228\/","token":"38.2\/22\/38.2-2228","metadata":false},{"id":361823,"structure_id":51712,"section_number":"38.2-2228.2","catch_line":"Certain medical malpractice claims to be reported to the Commission","url":"\/38.2-2228.2\/","token":"38.2\/22\/38.2-2228.2","metadata":false},{"id":361825,"structure_id":51712,"section_number":"38.2-2229","catch_line":"Claims-made liability insurance","url":"\/38.2-2229\/","token":"38.2\/22\/38.2-2229","metadata":false},{"id":361827,"structure_id":51712,"section_number":"38.2-2230","catch_line":"Mandatory offer of rental reimbursement coverage","url":"\/38.2-2230\/","token":"38.2\/22\/38.2-2230","metadata":false},{"id":361828,"structure_id":51712,"section_number":"38.2-2231","catch_line":"Physical damage arbitration between insurers; alternate forums","url":"\/38.2-2231\/","token":"38.2\/22\/38.2-2231","metadata":false},{"id":361829,"structure_id":51712,"section_number":"38.2-2232","catch_line":"Liability insurance on private pleasure watercraft; optional coverage","url":"\/38.2-2232\/","token":"38.2\/22\/38.2-2232","metadata":false},{"id":361830,"structure_id":51712,"section_number":"38.2-2233","catch_line":"Installment payments of motor vehicle insurance","url":"\/38.2-2233\/","token":"38.2\/22\/38.2-2233","metadata":false},{"id":361831,"structure_id":51712,"section_number":"38.2-2234","catch_line":"Insurance credit score disclosure; use of credit information","url":"\/38.2-2234\/","token":"38.2\/22\/38.2-2234","metadata":false}],"previous_section":{"id":361805,"structure_id":51712,"section_number":"38.2-2213","catch_line":"Discrimination in issuance of motor vehicle insurance","url":"\/38.2-2213\/","token":"38.2\/22\/38.2-2213","metadata":false},"next_section":{"id":361806,"structure_id":51712,"section_number":"38.2-2214","catch_line":"Statement defining rate classifications to be provided by insurer to insured","url":"\/38.2-2214\/","token":"38.2\/22\/38.2-2214","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2213.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapters 851<\/a> and 889<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":361667,"section_number":"38.2-1904","catch_line":"Rate standards","order_by":null,"url":"\/38.2-1904\/"},{"id":364697,"section_number":"46.2-1088.6","catch_line":"Motor vehicle recording devices","order_by":null,"url":"\/46.2-1088.6\/"}],"permalink":{"id":1440613,"object_type":"law","relational_id":361804,"identifier":"38.2-2213.1","token":"38.2\/22\/38.2-2213.1","url":"\/38.2-2213.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-2213.1\/","token":"38.2\/22\/38.2-2213.1","dublin_core":{"Title":"Certain action prohibited when motor vehicle owner fails to allow access to recorded data from recording device","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2213.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No insurer<\/span> or agent shall reduce coverage, increase the insured’s premium, apply a surcharge, refuse to apply a discount other than a discount that is based on data recorded by a recording device as defined in \u00a7 46.2-1088.6<\/a>, place in a less favorable tier, refuse to place in the company<\/span>’s best tier, or when there are multiple companies available within a group of insurers<\/span>, fail to place in the most favorably priced company<\/span> solely because a motor vehicle owner refuses to allow an insurer<\/span> access to recorded data as defined in \u00a7 46.2-1088.6<\/a> from a recording device as defined in \u00a7 46.2-1088.6<\/a>. However, nothing in this section shall prohibit an insurer<\/span> from charging an actuarially sound rate<\/span> in accordance with subdivision A 3 of \u00a7 38.2-1904<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN ACTION PROHIBITED WHEN MOTOR VEHICLE OWNER FAILS TO ALLOW ACCESS TO\nRECORDED DATA FROM RECORDING DEVICE (\u00a7 38.2-2213.1)\n\nNo insurer or agent shall reduce coverage, increase the insured’s premium,\napply a surcharge, refuse to apply a discount other than a discount that is\nbased on data recorded by a recording device as defined in \u00a7 46.2-1088.6, place\nin a less favorable tier, refuse to place in the company’s best tier, or\nwhen there are multiple companies available within a group of insurers, fail to\nplace in the most favorably priced company solely because a motor vehicle owner\nrefuses to allow an insurer access to recorded data as defined in \u00a7 46.2-1088.6\nfrom a recording device as defined in \u00a7 46.2-1088.6. However, nothing in this\nsection shall prohibit an insurer from charging an actuarially sound rate in\naccordance with subdivision A 3 of \u00a7 38.2-1904.\n\nHISTORY: 2006, cc. 851, 889.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}