TITLE 14. INSURANCE
TITLE 14. INSURANCE
STATE CORPORATION COMMISSION
Proposed Regulation
REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 14VAC5-342. Rules Governing Standards for the Content of Homeowners Insurance Policies (amending 14VAC5-342-40).
Statutory Authority: § 38.2-223 of the Code of Virginia.
Public Hearing Information: A public hearing will be held upon request.
Public Comment Period: July 15, 2025.
Agency Contact: Jackie Myers, Chief Insurance Market Examiner, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9630, or email jackie.myers@scc.virginia.gov.
Summary:
The proposed amendments change required limits for homeowner insurance policies to provide (i) not less than 5.0% of the dwelling limit of liability for other structures and (ii) not less than 25% of the dwelling limit of liability for household and personal property.
AT RICHMOND, MAY 9, 2025
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. INS-2025-00048
Ex Parte: In the matter of amending Rules
Governing Standards for the Content of
Homeowners Insurance Policies
ORDER ESTABLISHING PROCEEDING
Section 12.1-13 of the Code of Virginia (Code) provides, in relevant part, that "[i]n the administration and enforcement of all laws within its jurisdiction, the [State Corporation Commission (Commission)] shall have the power to promulgate rules and regulations[.]" Section 38.2-223 of the Code provides that the Commission may issue any rules and regulations necessary or appropriate for the administration and enforcement of Title 38.2 of the Code. Section 38.2-2108 of the Code provides that the Commission may establish standards for the content of policies written to insure owner-occupied dwellings issued or delivered in the Commonwealth. The rules issued by the Commission pursuant to §§ 38.2-223 and 38.2-2108 of the Code are set forth in Title 14 of the Virginia Administrative Code.1
The Bureau of Insurance (Bureau) has submitted to the Commission proposed amendments to the Rules Governing Standards for the Content of Homeowners Insurance Policies (14VAC5-342-10 et seq.) (Rules). Specifically, the Bureau proposes amending (1) 14VAC5-342-40 B 1 to allow insurers to provide, at the request of the named insured, any limit of liability for other structures of not less than 5% of the dwelling limit of liability; and (2) 14VAC5-342-40 C 1 to allow insurers to provide, at the request of the named insured, any limit of liability for household and personal property of not less than 25% of the dwelling limit of liability.2 Currently, these limits of liability may not be less than 10% and 50% of the dwelling limit of liability, respectively.
The Bureau has recommended to the Commission that the proposed Amended Rules should be considered for adoption, with an effective date of October 1, 2025.
NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that a proceeding should be established to consider amending the Rules. To initiate this proceeding, the Bureau has prepared the proposed Amended Rules, which are appended to this Order Establishing Proceeding (Order). The Commission finds that notice of the proposed Amended Rules should be given to the public, and that interested persons should be provided an opportunity to file written comments on, propose modifications or supplements to, or request a hearing on the proposed Amended Rules for adoption with a proposed effective date of October 1, 2025.
Accordingly, IT IS ORDERED THAT:
(1) This case is docketed and assigned Case No. INS-2025-00048.
(2) All comments and other documents and pleadings filed in this matter shall be submitted electronically to the extent authorized by Rule 5VAC5-20-150, Copies and format, of the Commission’s Rules of Practice and Procedure.3 Confidential and Extraordinarily Sensitive Information shall not be submitted electronically and shall comply with Rule 5VAC5-20-170, Confidential information, of the Rules of Practice. Any person seeking to hand deliver and physically file or submit any pleading or other document shall contact the Clerk’s Office Document Control Center at (804) 371-9838 to arrange the delivery.
(3) On or before July 15, 2025, any interested person may comment on, propose modifications or supplements to, or request a hearing on the proposed Amended Rules by following the instructions on the Commission's website: scc.virginia.gov/casecomments/Submit-Public-Comments. Those unable, as a practical matter, to submit such documents electronically may file such comments by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia, 23218-2118. All documents shall refer to Case No. INS-2025-00048. Any request for hearing shall state why a hearing is necessary and why the issues raised in the request for hearing cannot be addressed adequately in written comments.
(4) The Bureau shall file its response to any comments filed pursuant to Ordering Paragraph (3) on or before August 1, 2025.
(5) If a sufficient request for hearing is not received, the Commission may consider the matter and enter an order based upon the comments, documents or other pleadings filed in this proceeding.
(6) The Bureau shall provide notice of this Order to all carriers licensed in Virginia to write fire and homeowners insurance and to any other interested persons as the Bureau may designate.
(7) The Commission's Office of General Counsel shall provide a copy of this Order, together with the proposed Amended Rules, to the Virginia Registrar of Regulations for appropriate publication in the Virginia Register of Regulations.
(8) Interested persons may download unofficial copies of the Order and the Proposed Amendments from the Commission’s website: scc.virginia.gov/pages/case-information.
(9) This matter is continued.
A COPY hereof shall be sent by the Clerk of the Commission to: C. Meade Browder, Jr., Senior Assistant Attorney General, at MBrowder@oag.state.va.us, Office of the Attorney General, Division of Consumer Counsel, 202 North 9th Street, 8th Floor, Richmond, Virginia 23219-3424; and the Commission's Office of General Counsel and the Bureau of Insurance in care of Deputy Commissioner Zuhairah Tillinghast.
2 Collectively, these are referred to as the "Amended Rules."
3 5VAC5-20-10 et seq. State Corporation Commission Rules of Practice and Procedure (Rules of Practice).
14VAC5-342-40. Mandatory property coverages.
A. Insurers shall provide coverage to the dwelling on the residence premises, including fixtures.
1. Insurers shall also provide coverage for materials and supplies while located on the residence premises and intended for use in construction, alteration, or repair of the dwelling or other structures.
2. For a dwelling that is a condominium unit, insurers shall provide a limit of liability of at least $5,000 for the dwelling and fixtures that are the responsibility of the condominium unit owner.
B. Insurers shall provide coverage for other structures and the fixtures of other structures on the residence premises.
1. Insurers shall provide a limit of liability of at least 10% of the dwelling limit of liability. Upon request of the named insured, an insurer may provide any other limit of liability for other structures coverage that is not less than 5.0% of the dwelling limit of liability.
2. Insurers may exclude coverage for other structures that are used for business or rented or held for rental unless the structure is (i) rented to roomers, boarders, or tenants of the dwelling or (ii) rented for use solely as a private garage.
3. For condominium units, insurers shall provide coverage for other structures and fixtures of other structures that are the responsibility of the condominium unit owner.
C. Insurers shall provide coverage for household and personal property owned or used by an insured while it the property is anywhere in the world.
1. Insurers shall provide a limit of liability for household and personal property coverage that is at least 50% of the dwelling limit of liability. Upon request of the named insured, an insurer may provide any other limit of liability for household and personal property coverage that is not less than 25% of the dwelling limit of liability. For condominium units, the limit of liability for household and personal property shall be determined by the insured and the insurer.
2. At the request of the named insured at the time of loss, insurers shall provide coverage for household and personal property owned by a:
a. Guest while in a residence occupied by an insured;
b. Residence employee while the property is in a residence occupied by an insured; and
c. Residence employee while the residence employee is engaged in the service of an insured and the property is in the physical custody of the residence employee.
3. Insurers shall provide coverage for the insured's property (i) on the residence premises during an occasional rental; or (ii) on the part of the residence premises occupied by roomers, boarders, or tenants.
4. Insurers shall provide coverage for household and personal property while it is being moved to the insured's new principal residence within the United States. Insurers shall provide coverage for property while it is being moved for 30 days from the date that moving the property begins. The household and personal property limit of liability applies to property being moved to another location. If the move began during the policy term, coverage may not be limited by the expiration of the policy.
5. Insurers shall provide coverage for household and personal property while it is usually located away from the residence premises. Insurers shall provide a limit of liability for this coverage that is at least 10% of the limit of liability specified for household and personal property, but not less than $1,000.
6. Insurers shall provide coverage for the following types of household and personal property at limits of at least the following:
a. $500 total per loss on cemetery property on or off the residence premises, including monuments, headstones, grave markers, and urns.
b. $100 total per loss on coin collections, medals, gold, platinum, and silver, provided, that neither goldware and nor gold-plated ware shall not be deemed to be gold, and neither silverware and nor silver-plated ware shall not be deemed to be silver.
c. $500 total per loss on passports, tickets, or stamp collections.
d. $1,500 total per loss for theft of jewelry, precious and semi-precious stones, and furs, and articles containing fur that represent its the article's principal value; if open causes of loss are provided, insurers may also apply this limit to misplacing or losing this property.
e. $500 total per loss for theft of guns and related accessories; if open causes of loss are provided, insurers may also apply this limit to misplacing or losing this property.
f. $1,000 total per loss on watercraft, trailers used with watercraft, and watercraft furnishings, equipment, and motors. This limit does not apply to rowboats or canoes.
g. $500 on trailers, semi-trailers, and campers not otherwise covered in this chapter.
D. Insurers shall provide coverage for the expenses incurred for the removal of debris of covered property damaged by a covered cause of loss and the expense for the removal of fallen trees that damage covered property.
1. Expenses for debris removal are included within the limit of liability applicable to the damaged property, except as provided in subdivision 2 of this subsection.
2. When the amount payable for the damage to the property plus the expense of debris removal exceeds the limit of liability for the damaged property, insurers shall provide an additional 5.0% of the limit of liability applicable to the damaged covered property for debris removal expenses.
3. Insurers may not apply depreciation to debris removal expenses.
E. Insurers shall provide coverage for contractual fire department service charges and volunteer fire department service charges as follows:
1. Contractual fire department service charges where a fire department is called to save or protect insured property from a covered cause of loss. Insurers may limit this coverage to a residence premises not located within the limits of a city, municipality, or fire protection district furnishing fire department services.
2. Fire department service charges made by volunteer fire departments pursuant to § 38.2-2130 of the Code of Virginia.
3. Insurers shall provide at least $250 of coverage for each type of fire department service charges.
4. Insurers may not apply a deductible or depreciation to the coverages in subdivisions 1 and 2 of this subsection.
F. Insurers shall offer ordinance or law coverage, subject to the exclusions or limitations within this chapter, pursuant to § 38.2-2124 of the Code of Virginia at the dwelling limit of liability within the policy or as an endorsement. This limit of liability is in addition to the limit of liability applicable to the dwelling. Insurers may make other limits of liability available for insureds to purchase. Insurers may not apply depreciation to this coverage. When ordinance or law coverage is provided within the policy or as an endorsement, subdivision C 1 c of 14VAC5-342-60 does not apply.
G. Insurers shall offer coverage for water that backs up through sewers or drains, subject to the exclusions or limitations within this chapter, pursuant to § 38.2-2120 of the Code of Virginia at the dwelling limit of liability within the policy or as an endorsement. This limit of liability is in addition to the limit of liability applicable to the dwelling. Insurers may make other limits of liability available for insureds to purchase. Insurers may not apply depreciation to this coverage. When coverage for water that backs up through sewers or drains is provided within the policy or as an endorsement, subdivision C 1 a (2) of 14VAC5-342-60 does not apply.
H. Insurers shall provide coverage of at least 20% of the dwelling limit of liability for the increase in necessary living expenses when the dwelling is uninhabitable due to a covered cause of loss. Insurers shall provide coverage of at least 20% of the household and personal property limit of liability for condominium units.
1. Insurers shall provide this coverage for the time reasonably required to return the dwelling to a habitable condition or for the insured's household to become settled in any permanent quarters.
2. Insurers shall provide additional living expense coverage for at least two weeks while a civil authority limits access to the residence premises as a result of damage to neighboring premises by a covered cause of loss.
3. Insurers may exclude living expenses that do not continue.
4. This coverage is not limited by the expiration date of the policy.
5. Insurers may not apply a deductible to this coverage.
I. Insurers shall provide coverage of at least 20% of the dwelling limit of liability for the fair rental value of any part of the dwelling or other structure. Insurers shall provide at least 20% of the household and personal property limit of liability for condominium units.
1. Insurers shall provide this coverage for the time reasonably required to restore the dwelling or other structures to a tenantable condition following damage caused by a covered cause of loss.
2. Insurers shall provide fair rental value coverage for at least two weeks while a civil authority limits access to the residence premises as a result of damage to neighboring premises by a covered cause of loss.
3. Insurers may exclude expenses that do not continue.
4. Insurers may exclude coverage for loss or expense due to cancellation of a lease or agreement.
5. This coverage is not limited by the expiration date of the policy.
6. Insurers may not apply a deductible to this coverage.
J. Insurers shall provide coverage for damage to trees, shrubs, plants, or lawns caused by fire, lightning, explosion, riot, civil commotion, vandalism, malicious mischief, theft, aircraft, or vehicles not owned or operated by a resident of the residence premises.
1. Insurers shall provide a limit of liability for this coverage of at least 5.0% of the dwelling limit of liability.
2. Insurers may limit the amount of coverage to no more than $500 for each tree, shrub, or plant on the premises. The limit of coverage includes debris removal coverage when the tree, plant, or shrub does not cause damage to covered property.
K. Insurers shall provide coverage for loss or damage to property while removed or being removed from the residence premises because the property is endangered by a covered cause of loss.
1. Coverage is provided for damage from any cause subject to the exclusions and limitations permitted in this chapter.
2. Insurers shall provide this coverage for at least 30 days for each removal.
3. This coverage is not limited by the expiration date of the policy.
4. This coverage does not increase the limit of liability that applies to the damaged covered property.
L. Insurers shall provide coverage for the cost of making reasonable repairs to protect covered property from further damage when the repairs are directly attributable to damage caused by a covered cause of loss. The repairs are included as part of the amount of the loss.
M. Insurers shall pay the cost incurred to tear out and replace the part of the dwelling or other structure necessary to gain access to the system or appliance from which the water or steam escaped if a loss to the dwelling or other structures is caused by water or steam escaping from a system or appliance. Insurers may exclude loss to the system or appliance from which the water or steam escapes. Insurers may not apply depreciation to this coverage.
N. Insurers shall provide coverage for direct physical loss to the dwelling, other structures, and household and personal property involving collapse of a dwelling or other structure or any part of a dwelling or other structure:
1. Caused by one or more of the following:
a. The causes of loss in subsection C of 14VAC5-342-50;
b. Hidden decay;
c. Hidden insect or vermin damage;
d. Weight of contents, equipment, animals, or people;
e. Weight of rain that collects on a roof; or
f. Use of defective materials or methods in construction, remodeling, or renovation if the collapse occurs during the construction, remodeling, or renovation.
2. Loss to an awning, fence, patio, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf, or dock is not included under subdivisions 1 b through 1 f of this subsection, unless the loss is a direct result of the collapse of a building.
3. Collapse does not include settling, cracking, shrinking, bulging, or expansion. A building that is in danger of falling down or caving in is not in a state of collapse.
4. This coverage does not increase the limit of liability applicable to the damaged covered property.
VA.R. Doc. No. R25-8304; Filed May 13, 2025