Code of Virginia - Title 38.2 Insurance - Section 38.2-405 Appeal from assessment

§ 38.2-405. Appeal from assessment

A company aggrieved by the assessment may appeal to the Supreme Court of Virginia in accordance with the Rules of Court applicable to appeals from the State Corporation Commission. If the court is of the opinion that the assessment is either excessive or insufficient, the court shall by its order request the Commission to make appropriate adjustments. If the appellant fails to pay the assessment when due and the court affirms the action of the Commission, judgment shall be entered against the appellant for damages, which are to be paid to the Commission, equal to legal interest upon the amount of the assessment from the time the assessment was payable. If relief is granted in whole or in part, judgment shall be rendered against the Commonwealth for any excess that may have been paid, with legal interest.

(Code 1950, § 38-20; 1952, c. 317, § 38.1-47; 1978, c. 4; 1986, c. 562.)

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Last modified: April 3, 2009