§ 38.2-4404 Liability of participating providers
A. Except for a plan established pursuant to § 38.2-4403, all participating providers in a plan shall be jointly and severally liable on all contracts made for the purposes of the plan by the organization as agent for them. Each contract may be executed and signed by their agent on their behalf. A contract so signed shall be binding on the participating providers and not on the agent.
B. Actions for breach of these contracts may be brought against the participating providers by naming the agent as the sole defendant. A judgment in favor of the plaintiff may be satisfied out of the assets of the legal services organization or out of the assets of each of the participating providers.
C. Each participating provider shall be liable for his own torts and not for the torts of any other participating provider or of the agent.
History
This law was first created in 1978. The record of its establishment is cataloged in chapter 658 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1978 “Acts” aren’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 387; in 1986, chapter 562; in 1994, chapter 224.
1978, c. 658, § 38.1-794; 1982, c. 387; 1986, c. 562; 1994, c. 224.