A. The obligations imposed by this article shall apply to those insurance institutions, agents or insurance-support organizations that:
1. In the case of life or accident and sickness insurance:
a. Collect, receive or maintain information in connection with insurance transactions that pertains to natural persons who are residents of the Commonwealth; or
b. Engage in insurance transactions with applicants, individuals, or policyholders who are residents of the Commonwealth; and
2. In the case of property or casualty insurance:
a. Collect, receive or maintain information in connection with insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in the Commonwealth; or
b. Engage in insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in the Commonwealth.
B. The rights granted by this article shall extend to:
1. In the case of life or accident and sickness insurance, the following persons who are residents of the Commonwealth:
a. Natural persons who are the subject of information collected, received or maintained in connection with insurance transactions; and
b. Applicants, individuals or policyholders who engage in or seek to engage in insurance transactions; and
2. In the case of property or casualty insurance, the following persons:
a. Natural persons who are the subject of information collected, received or maintained in connection with insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in the Commonwealth; and
b. Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in the Commonwealth.
C. For purposes of this section, a person shall be considered a resident of the Commonwealth if the person's last known mailing address, as shown in the records of the insurance institution, agent or insurance-support organization, is located in the Commonwealth.
D. Notwithstanding subsections A and B, this article shall not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in the Commonwealth.
E. The provisions of this article shall apply only to insurance purchased primarily for personal, family or household purposes.
1981, c. 389, § 38.1-57.4; 1986, c. 562; 2001, c. 371; 2020, c. 264.