{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1341.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1341.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1341.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1341.html"}],"law_id":84358,"edition_id":1,"section_id":84358,"structure_id":16474,"section_number":"38.2-1341","catch_line":"Definitions","history":"1993, c. 158; 2001, c. 706.","full_text":"As used in this article:\n\t\t“Accredited state” means a state in which the insurance department or regulatory agency responsible for administering the insurance laws of said state has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners’ (NAIC) Financial Regulation Standards and Accreditation Program.\n\t\t“Control” or “controlled” has the meaning ascribed in \u00a7 38.2-1322.\n\t\t“Controlled insurer” means a licensed insurer which is controlled, directly or indirectly, by a producer.\n\t\t“Controlling producer” means a producer who, directly or indirectly, controls an insurer.\n\t\t“Foreign insurer” means any foreign or alien insurer licensed to transact the business of insurance in this Commonwealth pursuant to \u00a7 38.2-1024.\n\t\t“Licensed insurer,” “insurer” or “property and casualty insurer” means any person, firm, association or corporation duly licensed under this title to write policies or agreements providing any form of insurance as defined in \u00a7\u00a7 38.2-110 through 38.2-134. The following, inter alia, are not licensed insurers for the purposes of this article:\n\n1\n\nAll risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C. § 3901 et seq. and § 38.2-5101 of this title;2\n\nAll residual market pools and joint underwriting authorities or associations; and3\n\nAny insurer licensed as a captive insurer under Chapter 11 (§ 38.2-1100 et seq.) and any foreign insurer which is either (i) an association captive or (ii) a pure captive. An “association captive” is an insurer whose exclusive purpose is transacting the business of insurance and reinsurance only on risks, hazards and liabilities of the members of an insurance association comprised of any group of individuals, corporations, partnerships, associations, or governmental units or agencies whose members collectively own, control, or hold with power to vote, all of the outstanding voting securities of the association insurer. A “pure captive” is an insurer whose exclusive purpose is transacting the business of insurance and reinsurance only on risks, hazards, and liabilities of its parent, subsidiary companies of its parent, and associated and affiliated companies.\n\t\t\t“Producer” means:1\n\nAny insurance agent subject to licensure pursuant to the provisions of Chapter 18 (§ 38.2-1800 et seq.) of this title, or any managing general agent or reinsurance intermediary subject to licensure pursuant to the provisions of this chapter; or2\n\nAny person subject to substantially similar licensure provisions of another state when, for any compensation, commission or other thing of value, such agent, intermediary or person acts on behalf of an insured other than the agent, intermediary or person, or aids in any manner, in selling, soliciting, or negotiating the making of any contract of insurance in which the insured, owner and beneficiary are other than the agent, intermediary or person.","order_by":null,"text":{"0":{"id":302337,"text":"As used in this article:\n\t\t“Accredited state” means a state in which the insurance department or regulatory agency responsible for administering the insurance laws of said state has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners’ (NAIC) Financial Regulation Standards and Accreditation Program.\n\t\t“Control” or “controlled” has the meaning ascribed in \u00a7 38.2-1322.\n\t\t“Controlled insurer” means a licensed insurer which is controlled, directly or indirectly, by a producer.\n\t\t“Controlling producer” means a producer who, directly or indirectly, controls an insurer.\n\t\t“Foreign insurer” means any foreign or alien insurer licensed to transact the business of insurance in this Commonwealth pursuant to \u00a7 38.2-1024.\n\t\t“Licensed insurer,” “insurer” or “property and casualty insurer” means any person, firm, association or corporation duly licensed under this title to write policies or agreements providing any form of insurance as defined in \u00a7\u00a7 38.2-110 through 38.2-134. The following, inter alia, are not licensed insurers for the purposes of this article:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":302338,"text":"All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C. § 3901 et seq. and § 38.2-5101 of this title;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":302339,"text":"All residual market pools and joint underwriting authorities or associations; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":302340,"text":"Any insurer licensed as a captive insurer under Chapter 11 (§ 38.2-1100 et seq.) and any foreign insurer which is either (i) an association captive or (ii) a pure captive. An “association captive” is an insurer whose exclusive purpose is transacting the business of insurance and reinsurance only on risks, hazards and liabilities of the members of an insurance association comprised of any group of individuals, corporations, partnerships, associations, or governmental units or agencies whose members collectively own, control, or hold with power to vote, all of the outstanding voting securities of the association insurer. A “pure captive” is an insurer whose exclusive purpose is transacting the business of insurance and reinsurance only on risks, hazards, and liabilities of its parent, subsidiary companies of its parent, and associated and affiliated companies.\n\t\t\t“Producer” means:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"1"},"4":{"id":302341,"text":"Any insurance agent subject to licensure pursuant to the provisions of Chapter 18 (§ 38.2-1800 et seq.) of this title, or any managing general agent or reinsurance intermediary subject to licensure pursuant to the provisions of this chapter; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3","next_prefix":"2"},"5":{"id":302342,"text":"Any person subject to substantially similar licensure provisions of another state when, for any compensation, commission or other thing of value, such agent, intermediary or person acts on behalf of an insured other than the agent, intermediary or person, or aids in any manner, in selling, soliciting, or negotiating the making of any contract of insurance in which the insured, owner and beneficiary are other than the agent, intermediary or person.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":16474,"edition_id":1,"name":"Business Transacted With Producer-Controlled Property and Casualty Insurer Act","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13289,"metadata":{},"date_created":"2026-06-26 04:20:01","date_modified":"2026-06-26 04:20:01","permalink":{"id":211785,"object_type":"structure","relational_id":16474,"identifier":"7","token":"38.2\/13\/7","url":"\/38.2\/13\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13289,"edition_id":1,"name":"Reports, Reserves and Examinations, Insurance Holding Companies, Reinsurance Intermediaries, and Managing General Agents","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":211347,"object_type":"structure","relational_id":13289,"identifier":"13","token":"38.2\/13","url":"\/38.2\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84358,"structure_id":16474,"section_number":"38.2-1341","catch_line":"Definitions","url":"\/38.2-1341\/","token":"38.2\/13\/7\/38.2-1341","metadata":false},{"id":71309,"structure_id":16474,"section_number":"38.2-1342","catch_line":"Applicability","url":"\/38.2-1342\/","token":"38.2\/13\/7\/38.2-1342","metadata":false},{"id":87325,"structure_id":16474,"section_number":"38.2-1343","catch_line":"Minimum standards","url":"\/38.2-1343\/","token":"38.2\/13\/7\/38.2-1343","metadata":false},{"id":78695,"structure_id":16474,"section_number":"38.2-1344","catch_line":"Disclosure","url":"\/38.2-1344\/","token":"38.2\/13\/7\/38.2-1344","metadata":false},{"id":79001,"structure_id":16474,"section_number":"38.2-1345","catch_line":"Penalties","url":"\/38.2-1345\/","token":"38.2\/13\/7\/38.2-1345","metadata":false},{"id":69357,"structure_id":16474,"section_number":"38.2-1346","catch_line":"Licensure","url":"\/38.2-1346\/","token":"38.2\/13\/7\/38.2-1346","metadata":false}],"next_section":{"id":71309,"structure_id":16474,"section_number":"38.2-1342","catch_line":"Applicability","url":"\/38.2-1342\/","token":"38.2\/13\/7\/38.2-1342","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1341\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 158 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2001, chapter 706<\/a>.<\/p>","references":false,"refers_to":[{"id":86158,"section_number":"38.2-1024","catch_line":"License required to transact the business of insurance; application fee requirements for license","order_by":null,"url":"\/38.2-1024\/"},{"id":56505,"section_number":"38.2-110","catch_line":"Fire","order_by":null,"url":"\/38.2-110\/"},{"id":65109,"section_number":"38.2-1100","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-1100\/"},{"id":66587,"section_number":"38.2-1322","catch_line":"Definitions","order_by":null,"url":"\/38.2-1322\/"},{"id":74943,"section_number":"38.2-134","catch_line":"Definitions to include other insurance of same general kind","order_by":null,"url":"\/38.2-134\/"},{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"},{"id":54348,"section_number":"38.2-5101","catch_line":"Definitions","order_by":null,"url":"\/38.2-5101\/"}],"permalink":{"id":211787,"object_type":"law","relational_id":84358,"identifier":"38.2-1341","token":"38.2\/13\/7\/38.2-1341","url":"\/38.2-1341\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1341\/","token":"38.2\/13\/7\/38.2-1341","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1341","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:\n\t\t“Accredited state<\/span>” means a state in which the insurance<\/span> department or regulatory agency responsible for administering the insurance<\/span> laws<\/span> of said state has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance<\/span> Commissioners<\/span>’ (NAIC) Financial Regulation Standards and Accreditation Program.\n\t\t“Control” or “controlled” has the meaning ascribed in \u00a7 38.2-1322<\/a>.\n\t\t“Controlled insurer<\/span>” means a licensed insurer which is controlled, directly or indirectly, by a producer.\n\t\t“Controlling producer<\/span>” means a producer who, directly or indirectly, controls an insurer.\n\t\t“Foreign insurer<\/span>” means any foreign or alien insurer licensed to transact the business of insurance<\/span> in this Commonwealth pursuant to \u00a7 38.2-1024<\/a>.\n\t\t“Licensed insurer,” “insurer” or “property and casualty insurer<\/span>” means any person<\/span>, firm, association or corporation duly licensed under this title to write policies or agreements providing any form of insurance<\/span> as defined in \u00a7\u00a7 38.2-110<\/a> through 38.2-134<\/a>. The following, inter alia, are not licensed insurers<\/span> for the purposes of this article:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C. § 3901 et seq. and § 38.2-5101<\/a> of this title; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All residual market pools and joint underwriting authorities or associations; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any insurer licensed as a captive insurer under Chapter 11 (§ 38.2-1100<\/a> et seq.) and any foreign insurer<\/span> which is either (i) an association captive or (ii) a pure captive. An “association captive” is an insurer whose exclusive purpose is transacting the business of insurance<\/span> and reinsurance only on risks, hazards and liabilities of the members of an insurance<\/span> association comprised of any group of individuals, corporations, partnerships, associations, or governmental units or agencies whose members collectively own, control, or hold with power to vote, all of the outstanding voting securities of the association insurer. A “pure captive” is an insurer whose exclusive purpose is transacting the business of insurance<\/span> and reinsurance only on risks, hazards, and liabilities of its parent, subsidiary companies of its parent, and associated and affiliated companies.\n\t\t\t“Producer” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any insurance<\/span> agent subject to licensure pursuant to the provisions of Chapter 18 (§ 38.2-1800<\/a> et seq.) of this title, or any managing general agent or reinsurance intermediary subject to licensure pursuant to the provisions of this chapter; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person<\/span> subject to substantially similar licensure provisions of another state when, for any compensation, commission<\/span> or other thing of value, such agent, intermediary or person<\/span> acts on behalf of an insured other than the agent, intermediary or person<\/span>, or aids in any manner, in selling, soliciting, or negotiating the making of any contract<\/span> of insurance<\/span> in which the insured, owner and beneficiary are other than the agent, intermediary or person<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 38.2-1341)\n\nAs used in this article:\n\t\t“Accredited state” means a state in which the insurance department\nor regulatory agency responsible for administering the insurance laws of said\nstate has qualified as meeting the minimum financial regulatory standards\npromulgated and established from time to time by the National Association of\nInsurance Commissioners’ (NAIC) Financial Regulation Standards and\nAccreditation Program.\n\t\t“Control” or “controlled” has the meaning ascribed in\n\u00a7 38.2-1322.\n\t\t“Controlled insurer” means a licensed insurer which is controlled,\ndirectly or indirectly, by a producer.\n\t\t“Controlling producer” means a producer who, directly or\nindirectly, controls an insurer.\n\t\t“Foreign insurer” means any foreign or alien insurer licensed to\ntransact the business of insurance in this Commonwealth pursuant to \u00a7\n38.2-1024.\n\t\t“Licensed insurer,” “insurer” or “property and\ncasualty insurer” means any person, firm, association or corporation duly\nlicensed under this title to write policies or agreements providing any form of\ninsurance as defined in \u00a7\u00a7 38.2-110 through 38.2-134. The following, inter\nalia, are not licensed insurers for the purposes of this article:\n\n1. All risk retention groups as defined in the Superfund Amendments\nReauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (1986) and the\nRisk Retention Act, 15 U.S.C. § 3901 et seq. and § 38.2-5101 of this\ntitle;\n\n2. All residual market pools and joint underwriting authorities or associations;\nand\n\n3. Any insurer licensed as a captive insurer under Chapter 11 (§ 38.2-1100\net seq.) and any foreign insurer which is either (i) an association captive or\n(ii) a pure captive. An “association captive” is an insurer whose\nexclusive purpose is transacting the business of insurance and reinsurance only\non risks, hazards and liabilities of the members of an insurance association\ncomprised of any group of individuals, corporations, partnerships, associations,\nor governmental units or agencies whose members collectively own, control, or\nhold with power to vote, all of the outstanding voting securities of the\nassociation insurer. A “pure captive” is an insurer whose exclusive\npurpose is transacting the business of insurance and reinsurance only on risks,\nhazards, and liabilities of its parent, subsidiary companies of its parent, and\nassociated and affiliated companies.\n\t\t\t“Producer” means:\n\n1. Any insurance agent subject to licensure pursuant to the provisions of\nChapter 18 (§ 38.2-1800 et seq.) of this title, or any managing general\nagent or reinsurance intermediary subject to licensure pursuant to the\nprovisions of this chapter; or\n\n2. Any person subject to substantially similar licensure provisions of another\nstate when, for any compensation, commission or other thing of value, such\nagent, intermediary or person acts on behalf of an insured other than the agent,\nintermediary or person, or aids in any manner, in selling, soliciting, or\nnegotiating the making of any contract of insurance in which the insured, owner\nand beneficiary are other than the agent, intermediary or person.\n\nHISTORY: 1993, c. 158; 2001, c. 706.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}