Code of Virginia - Title 38.2 Insurance - Chapter 18 Insurance Agents

38.2-1800 Definitions
As used in this chapter: "Agent," "insurance agent," "producer," or "insurance producer," when used without qualification, means an individual or business entity that sells, solicits, ...

38.2-1800.1 Proof of residency
A. For purposes of this chapter, an individual shall be deemed to be a resident of this Commonwealth provided such individual (i) maintains his principal ...

38.2-1801 Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency rel...
A. A licensed agent shall be held to be the agent of the insurer that issued the insurance sold, solicited, or negotiated by such agent ...

38.2-1802 Acting as agent for unlicensed insurer prohibited; penalties
A. No person other than a licensed surplus lines broker shall sell, solicit, or negotiate contracts of insurance in this Commonwealth on behalf of any ...

38.2-1803 Description unavailable
Repealed by Acts 2001, c. 706, cl. 2, effective September 1, 2002. ...

38.2-1804 Blank forms
No agent shall sign or allow an applicant or insured to sign any incomplete or blank form pertaining to insurance in this Commonwealth. (Code 1950, ...

38.2-1805 Acceptance by insurance agents of premiums in arrears; how advance premiums recorded
A. No agent of a home service insurer shall accept, and no insurer or licensed agent shall knowingly permit an agent to accept, payment of ...

38.2-1806 Interest with respect to credit extended or money lent for premiums on certain policies
A. Any agent licensed in this Commonwealth to sell, solicit or negotiate property and casualty insurance, mutual assessment property and casualty insurance, or ocean marine ...

38.2-1807 Sale of accident airtrip insurance by means of vending machines
Any insurer qualified to transact business in this Commonwealth and to write accident airtrip insurance may solicit applications for and issue policies of accident airtrip ...

38.2-1808 All agreements to be expressed in contract
No agent shall make any contract of insurance or agreement with respect to the insurance that is not plainly expressed in the policy or contract ...

38.2-1809 Power of Commission to investigate affairs of persons engaged in insurance business; penalties for ...
A. The Commission shall have power to examine and investigate the business affairs of any person engaged or alleged to be engaged in the business ...

38.2-1810 Report of acts deemed larceny under { 18.2-111; privileged communications; attorney for the Commo...
A. Whenever any insurer licensed to transact the business of insurance in this Commonwealth knows or has reasonable cause to believe that any licensee under ...

38.2-1811 Description unavailable
Repealed by Acts 1991, c. 620. ...

38.2-1812 Payment and sharing of commissions
A. No insurer shall pay directly or indirectly any commission or other valuable consideration to any person for services as an agent or a surplus ...

38.2-1812.1 Placement of insurance for public bodies
No insurance agent may provide or offer to provide, directly or indirectly, insurance products to a public body while concurrently and on its behalf (i) ...

38.2-1812.2 Administrative charges in excess of premium prohibited; exceptions
A. Notwithstanding the provisions of § 38.2-310 and Article 4 (§ 38.2-1837 et seq.) of this chapter, no agent shall charge, or demand or receive ...

38.2-1813 Reporting and accounting for premiums
A. All premiums, return premiums, or other funds received in any manner by an agent or a surplus lines broker shall be held in a ...

38.2-1814 License required of resident property and casualty insurance agent and resident personal lines agen...
A. No individual who is a resident of this Commonwealth shall obtain a license as a property and casualty insurance agent or as a personal ...

38.2-1814.1 License required of resident title insurance agent
A. No individual who is a resident of the Commonwealth shall obtain a license as a title insurance agent from the Commission unless he has ...

38.2-1815 License required of resident life and annuities agent
A. No individual who is a resident of this Commonwealth shall obtain a license as a life and annuities agent from the Commission unless he ...

38.2-1815.1 License required of resident health agent
A. No individual who is a resident of this Commonwealth shall obtain a license as a health agent from the Commission unless he has passed ...

38.2-1816 Description unavailable
Repealed by Acts 2001, c. 706, cl. 2, effective September 1, 2002. ...

38.2-1817 Examination for license; fee required; when fee forfeited
A. Examinations for licenses shall be conducted at least monthly at the times and places the Commission prescribes. Each applicant shall pass the examination prescribed ...

38.2-1818 Individual moving from another state or Canadian province
A. An individual holding a nonresident Virginia agent license who has moved into this Commonwealth from another state or a province of Canada shall submit ...

38.2-1819 Application for license; fee required
A. Each applicant for a license shall make application to the Commission, in the form and containing the information the Commission prescribes. Each applicant shall, ...

38.2-1820 Issuance of license
A. Each applicant who is at least eighteen years of age and who has satisfied the Commission that he is of good character, has a ...

38.2-1821 Revocation, etc., of license revokes appointment
If the Commission refuses to grant or revokes or suspends a license, any appointment of such licensee shall likewise be revoked or suspended. No individual ...

38.2-1821.1 Exceptions to licensing
A. Nothing in this article shall be construed to require an insurer to obtain an insurance producer license. As used in this section, the term ...

38.2-1822 License required of individual and business entity agents; individual acting for business entity li...
A. No person shall act, and no insurer or licensed agent shall knowingly permit a person to act, in this Commonwealth as an agent of ...

38.2-1823 Penalty for acting for insurer, joint underwriting association, etc., when not licensed
Any person submitting business, in violation of § 38.2-1822, while the person is not a holder of a valid agent's license to transact the class ...

38.2-1824 Kinds of agents' licenses and appointments issued
A. 1. The Commission shall issue the following kinds of agents' licenses and appointments under this chapter: Life and annuities insurance agent; health agent; property ...

38.2-1825 Duration and termination of licenses and appointments
A. A license issued to: 1. An individual agent shall authorize him to act as an agent until his license is otherwise terminated, suspended or ...

38.2-1826 Requirement to report to Commission
A. Each licensed agent shall report within thirty calendar days to the Commission, and to every insurer for which he is appointed any change in ...

38.2-1827 Appointment may include one or more classes of insurance
Except as otherwise provided in this title, an appointment of a licensed agent authorizes that person to sell, solicit, or negotiate any one or more ...

38.2-1828 Selling accident and sickness insurance
Any individual or business entity who desires to sell, solicit, or negotiate accident and sickness insurance as defined in § 38.2-109 shall obtain a health ...

38.2-1829 Description unavailable
Repealed by Acts 2001, c. 706, cl. 2, effective September 1, 2002. ...

38.2-1830 Temporary licenses and appointments; when issued
A. Temporary individual licenses providing for life and health insurance authority or property and casualty insurance authority shall be issued by the Commission in the ...

38.2-1831 Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of licens...
The Commission may, in addition to or in lieu of a penalty imposed under § 38.2-218, place on probation, suspend, revoke or refuse to issue ...

38.2-1832 Refusal to issue and revocation of license; hearing; new application
A. If the Commission believes that any applicant for a license is not of good character or does not have a good reputation for honesty, ...

38.2-1833 Appointments of agents
A. Subject to the requirement of § 38.2-1801, every licensed agent may sell policies and solicit applications for insurance for any one or more of ...

38.2-1834 Duration of appointment; annual renewal of agent's appointment
A. A valid appointment of an agent shall authorize the agent to act for the insurer during the time for which the appointing insurer is ...

38.2-1834.1 Notification to Commission of termination; notice to agent; immunities; confidentiality; penaltie...
A. An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with an agent or other ...

38.2-1835 Failure to appoint
Any insurer that accepts applications from an unlicensed agent or does not appoint a licensed agent pursuant to the provisions of § 38.2-1833 shall be ...

38.2-1836 Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
A. An individual or business entity who is not a resident as defined in § 38.2-1800, but who is a resident of another state or ...

38.2-1836.1 Authority of Commission to delegate certain functions
In order to assist in the performance of its duties, the Commission may contract with nongovernmental entities, including the NAIC or any affiliates or subsidiaries ...

38.2-1837 Definitions
As used in this article: "Insurance consultant" means any individual or business entity who acts as an independent contractor in relation to his client and ...

38.2-1838 License required of consultants
A. No person, unless he holds an appropriate license shall: 1. Represent to members of the public that he provides planning or consulting services beyond ...

38.2-1839 Contract required; placement of insurance for public bodies
A. A licensed insurance consultant that does not sell, solicit or negotiate insurance as part of his services shall enter into a written contract with ...

38.2-1840 Annual renewal application and fee
A. Before June 1 of each year, each insurance consultant shall remit a renewal application in a form and manner acceptable to the Commission, along ...

38.2-1841 Termination, suspension or revocation of license
A. A license issued to an individual insurance consultant shall authorize him to act as an insurance consultant until his license is otherwise terminated, suspended, ...

38.2-1842 Requirement to report to Commission
A. Each licensed insurance consultant shall report within thirty calendar days to the Commission any change in his residence or name. B. In addition to ...

38.2-1843 Grounds for placing on probation, refusal to issue or renew, revocation or suspension of licens...
The Commission may, in addition to or in lieu of a penalty imposed under § 38.2-218, place on probation, suspend, revoke or refuse to issue ...

38.2-1844 Refusal to issue and revocation of license; hearing; new application
A. If the Commission is of the opinion that any applicant for an insurance consultant's license is not of good character or does not have ...

38.2-1845 Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
A. An individual or business entity who is not a resident as defined in § 38.2-1800, but who is a resident of another state, territory, ...

38.2-1846 through 38.2-1857
Repealed by Acts 2001, c. 706, cl. 2, effective September 1, 2002. ...

38.2-1857.1 Property and casualty insurance agents may be licensed as surplus lines brokers for certain insuran...
The Commission may issue a surplus lines broker's license to any individual or business entity actively licensed as a property and casualty insurance agent for ...

38.2-1857.2 Applications for surplus lines brokers' licenses
A. Every original applicant for a surplus lines broker's license shall apply for such license in a form and manner prescribed by the Commission, and ...

38.2-1857.3 Fees for surplus lines brokers' licenses
The nonrefundable application processing fee shall be fifty dollars. On or before June 1 of each year, the licensee shall make application for license renewal ...

38.2-1857.4 Term of licenses; renewal
A. Every license issued pursuant to this chapter shall be for a term expiring on June 30 next following the date of its issuance and ...

38.2-1857.5 Requirement to report to Commission
A. Each licensed surplus lines broker shall report within thirty calendar days to the Commission any change in his residence or name. B. In addition ...

38.2-1857.6 Accepting and placing surplus lines business
No surplus lines broker shall accept surplus lines business from any person other than an applicant for insurance or a duly licensed property or casualty ...

38.2-1857.7 Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of licens...
The Commission may, in addition to or in lieu of a penalty imposed under § 38.2-218, place on probation, suspend, revoke or refuse to issue ...

38.2-1857.8 Refusal to issue and revocation of license; hearing; new application
A. If the Commission is of the opinion that any applicant for a surplus lines broker's license is not of good character or does not ...

38.2-1857.9 Licensing nonresidents; clerk of the Commission to be appointed agent for service of process; recip...
A. An individual or business entity who is not a resident as defined in § 38.2-1800, but who is a resident of another state, territory, ...

38.2-1858 through 38.2-1865
Repealed by Acts 2001, c. 706, cl. 2, effective September 1, 2002. ...

38.2-1865.1 License required for viatical settlement brokers; Commission's authority; conditions
A. No person shall act as a viatical settlement broker, or solicit a viatical settlement contract while acting as a viatical settlement broker, on or ...

38.2-1865.2 Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of licens...
The Commission may, in addition to or in lieu of a penalty imposed under § 38.2-218, place on probation, suspend, revoke or refuse to issue ...

38.2-1865.3 Refusal to issue and revocation of license; hearing; new application
A. If the Commission is of the opinion that any applicant for a viatical settlement broker's license is not of good character or does not ...

38.2-1865.4 Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
A. An individual or business entity who is not a resident as defined in § 38.2-1800, but who is a resident of another state or ...

38.2-1865.5 Requirement to report to Commission
A. Each licensed viatical settlement broker shall report, in writing, any change in business or residence address or name within thirty calendar days to the ...

38.2-1865.6 through 38.2-1865.13
Repealed by Acts 2004, c. 460, effective July 1, 2005. ...

38.2-1866 Continuing education requirements
A. Every individual resident and nonresident (i) insurance consultant, (ii) life and annuities insurance agent, (iii) health agent, (iv) property and casualty insurance agent (v) ...

38.2-1867 Insurance continuing education board; approval of credits
A. An insurance continuing education board, hereinafter called the Board, appointed by the Commission, shall approve all continuing education instructors, continuing education courses and programs ...

38.2-1868 Description unavailable
Repealed by Acts 1996, c. 159. ...

38.2-1868.1 Proof of compliance; late filing penalties, exemption or waiver
A. As used in this article: "Proof of compliance" shall mean all documents, forms and fees specified by the Board for (i) filing proof of ...

38.2-1869 Failure to satisfy requirements; termination of license
A. Failure of an agent to satisfy the requirements of this article within the time period specified in § 38.2-1868.1, either by obtaining the continuing ...

38.2-1870 Waiver of continuing education requirements
The requirements of this article pertaining to the number of course credits required may be waived, in whole or in part, by the Board for ...

38.2-1871 Licensees exempt from continuing education requirements of article
A. Resident or nonresident agents who have been issued a license during the last twelve months of the biennium in which such licenses are issued, ...

38.2-1872 Administrative duties of Board; transfer to outside administrator
A. The Board shall have the authority to transfer all or part of its administrative duties to an outside administrator. The performance of the administrator ...

38.2-1873 Continuing insurance education fees
The continuing insurance education program established by this article shall be self-supporting, and any costs incurred by the Commission, administrator, or the Board or its ...

38.2-1874 Continuing education program; plan of operation; approval by Commission
A. The Board shall submit to the Commission a plan of operation that provides for the fair and nondiscriminatory administration of the continuing insurance education ...