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Home » US Law » 2022 Code of Virginia » Title 38.2 - Insurance » Chapter 18 - Insurance Agents » Article 1. Definitions and General Provisions

§ 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, or negotiates contracts of insurance or annuity in the Commonwealth. “Appointed agent,” “appointed insurance agent,” “appointed producer,” or “appointed insurance producer,” when used without qualification, means an individual or business […]

§ 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 place of residence within this Commonwealth, or satisfies the requirements set forth in subsection B of § 38.2-1836; (ii) declares himself to be a Virginia resident on his federal tax […]

§ 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 insurer which is not licensed to transact the business of insurance in this Commonwealth. Nothing in this section shall prohibit any person from obtaining insurance upon his own life or […]

§ 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, § 38.1-288; 1952, c. 317; 1979, c. 513, § 38.1-327.5; 1986, c. 562; 2001, c. 706.

§ 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 issued. Code 1950, § 38.1-294; 1952, c. 317; 1979, c. 513, § 38.1-327.8; 1986, c. 562; 1987, c. 521.

§ 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 lines broker within this Commonwealth unless the person is then a duly appointed agent of such insurer and, at the time of the transaction out of which arose the right […]

§ 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) evaluating proposals from other insurance agents and (ii) recommending the placement of insurance. 1996, c. 989.

§ 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 from, an applicant for insurance or a policyholder any consideration in return for rendering services associated with a contract of insurance, when the consideration is in addition to the premium […]

§ 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 fiduciary capacity and shall be accounted for by such agent or surplus lines broker. The agent or surplus lines broker shall, in the ordinary course of business, pay the funds […]