{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1363.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1363.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1363.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1363.html"}],"law_id":83354,"edition_id":1,"section_id":83354,"structure_id":13457,"section_number":"38.2-1363","catch_line":"Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","history":"2001, c. 706; 2006, c. 762.","full_text":"A\n\nIf the Commission finds, after providing an opportunity to be heard, that any person under its jurisdiction has violated any provision of this article, the Commission may, in addition to any other remedies authorized by this title, order the managing general agent to reimburse the insurer, the rehabilitator or liquidator, or the receiver of the insurer for any losses incurred by the insurer caused by a violation of this article committed by the managing general agent.B\n\nThe Commission may, in addition to or in lieu of a penalty imposed under \u00a7 38.2-218, place on probation, suspend, revoke or refuse to issue or renew any person’s license as a managing general agent for any one or more of the following causes:1\n\nProviding materially incorrect, misleading, incomplete or untrue information in the license application or any other document filed with the Commission;2\n\nViolating any insurance laws or violating any regulation, subpoena, or order of the Commission or of another state’s insurance regulatory authority;3\n\nObtaining or attempting to obtain a license through misrepresentation or fraud;4\n\nImproperly withholding, misappropriating, or converting any moneys or properties received in the course of doing business;5\n\nEngaging in the practice of rebating;6\n\nEngaging in twisting or any form thereof, where “twisting” means inducing an insured to terminate an existing policy and purchase a new policy through misrepresentation;7\n\nIntentionally misrepresenting the terms of an actual or proposed insurance contract;8\n\nHaving been convicted of a felony;9\n\nHaving admitted or been found to have committed any insurance unfair trade practice or fraud;10\n\nUsing fraudulent, coercive, or dishonest practices, or demonstrating incompetence, or untrustworthiness in the conduct of business in this Commonwealth or elsewhere, or demonstrating financial irresponsibility in the handling of applicant, policyholder, agency, or insurance company funds;11\n\nHaving an insurance producer license, or its equivalent, denied, suspended or revoked in any other state, province, or territory;12\n\nForging another’s name to an application for insurance or reinsurance, or to any document related to an insurance transaction;13\n\nKnowingly accepting insurance business from an individual who is not licensed;14\n\nFailing to comply with an administrative or court order imposing a child support obligation;15\n\nFailing to pay state income tax or comply with any administrative or court order directing payment of state income tax; or16\n\nIf the managing general agent is a business entity, having its corporate existence terminated, its certificate of organization, trust, limited liability company, or limited partnership canceled, or its certificate of authority or registration to transact business in the Commonwealth revoked or canceled, as the case may be.C\n\nIf the Commission believes that any applicant for a managing general agent’s license is not of good character or does not have a good reputation for honesty, it may refuse to issue the license, subject to the right of the applicant to demand a hearing on the application. The Commission shall not revoke or suspend an existing license until the licensee is given an opportunity to be heard before the Commission. If the Commission refuses to issue a new license or proposes to revoke or suspend an existing license, it shall give the applicant or licensee at least 10 calendar days’ notice in writing of the time and place of the hearing, if a hearing is requested. The notice shall contain a statement of the objections to the issuance of the license, or the reason for its proposed revocation or suspension as the case may be. The notice may be given to the applicant or licensee by registered or certified mail, sent to the last known address of record pursuant to § 38.2-1364, or the last known business address if the address of record is incorrect, or in any other lawful manner the Commission prescribes. The Commission may summon witnesses to testify with respect to the applicant or licensee, and the applicant or licensee may introduce evidence in his or its behalf. No applicant to whom a license is refused after a hearing, nor any licensee whose license is revoked, shall again apply for a license until after the expiration of a period of five years from the date of the Commission’s order, or such other period of time as the Commission prescribes in its order.D\n\nNothing contained in this article is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors.E\n\nIf an order of rehabilitation or liquidation of the insurer has been entered pursuant to Chapter 15 (§ 38.2-1500 et seq.) of this title or the rehabilitation and liquidation statutes of a reciprocal state, and the receiver appointed under that order determines that the managing general agent or any other person has not materially complied with the provisions of this article, or any rule, regulation or order promulgated thereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.","order_by":null,"text":{"0":{"id":298636,"text":"If the Commission finds, after providing an opportunity to be heard, that any person under its jurisdiction has violated any provision of this article, the Commission may, in addition to any other remedies authorized by this title, order the managing general agent to reimburse the insurer, the rehabilitator or liquidator, or the receiver of the insurer for any losses incurred by the insurer caused by a violation of this article committed by the managing general agent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298637,"text":"The Commission may, in addition to or in lieu of a penalty imposed under \u00a7 38.2-218, place on probation, suspend, revoke or refuse to issue or renew any person’s license as a managing general agent for any one or more of the following causes:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":298638,"text":"Providing materially incorrect, misleading, incomplete or untrue information in the license application or any other document filed with the Commission;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":298639,"text":"Violating any insurance laws or violating any regulation, subpoena, or order of the Commission or of another state’s insurance regulatory authority;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":298640,"text":"Obtaining or attempting to obtain a license through misrepresentation or fraud;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":298641,"text":"Improperly withholding, misappropriating, or converting any moneys or properties received in the course of doing business;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":298642,"text":"Engaging in the practice of rebating;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":298643,"text":"Engaging in twisting or any form thereof, where “twisting” means inducing an insured to terminate an existing policy and purchase a new policy through misrepresentation;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":298644,"text":"Intentionally misrepresenting the terms of an actual or proposed insurance contract;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":298645,"text":"Having been convicted of a felony;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":298646,"text":"Having admitted or been found to have committed any insurance unfair trade practice or fraud;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":298647,"text":"Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, or untrustworthiness in the conduct of business in this Commonwealth or elsewhere, or demonstrating financial irresponsibility in the handling of applicant, policyholder, agency, or insurance company funds;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":298648,"text":"Having an insurance producer license, or its equivalent, denied, suspended or revoked in any other state, province, or territory;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":298649,"text":"Forging another’s name to an application for insurance or reinsurance, or to any document related to an insurance transaction;","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":298650,"text":"Knowingly accepting insurance business from an individual who is not licensed;","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":298651,"text":"Failing to comply with an administrative or court order imposing a child support obligation;","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"B15"},"16":{"id":298652,"text":"Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax; or","type":"section","prefixes":["B","15"],"prefix":"15","entire_prefix":"B15","prefix_anchor":"B15","level":2,"prior_prefix":"B14","next_prefix":"B16"},"17":{"id":298653,"text":"If the managing general agent is a business entity, having its corporate existence terminated, its certificate of organization, trust, limited liability company, or limited partnership canceled, or its certificate of authority or registration to transact business in the Commonwealth revoked or canceled, as the case may be.","type":"section","prefixes":["B","16"],"prefix":"16","entire_prefix":"B16","prefix_anchor":"B16","level":2,"prior_prefix":"B15","next_prefix":"C"},"18":{"id":298654,"text":"If the Commission believes that any applicant for a managing general agent’s license is not of good character or does not have a good reputation for honesty, it may refuse to issue the license, subject to the right of the applicant to demand a hearing on the application. The Commission shall not revoke or suspend an existing license until the licensee is given an opportunity to be heard before the Commission. If the Commission refuses to issue a new license or proposes to revoke or suspend an existing license, it shall give the applicant or licensee at least 10 calendar days’ notice in writing of the time and place of the hearing, if a hearing is requested. The notice shall contain a statement of the objections to the issuance of the license, or the reason for its proposed revocation or suspension as the case may be. The notice may be given to the applicant or licensee by registered or certified mail, sent to the last known address of record pursuant to § 38.2-1364, or the last known business address if the address of record is incorrect, or in any other lawful manner the Commission prescribes. The Commission may summon witnesses to testify with respect to the applicant or licensee, and the applicant or licensee may introduce evidence in his or its behalf. No applicant to whom a license is refused after a hearing, nor any licensee whose license is revoked, shall again apply for a license until after the expiration of a period of five years from the date of the Commission’s order, or such other period of time as the Commission prescribes in its order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B16","next_prefix":"D"},"19":{"id":298655,"text":"Nothing contained in this article is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"20":{"id":298656,"text":"If an order of rehabilitation or liquidation of the insurer has been entered pursuant to Chapter 15 (§ 38.2-1500 et seq.) of this title or the rehabilitation and liquidation statutes of a reciprocal state, and the receiver appointed under that order determines that the managing general agent or any other person has not materially complied with the provisions of this article, or any rule, regulation or order promulgated thereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13457,"edition_id":1,"name":"Licensing of Managing General Agents","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":13289,"metadata":{},"date_created":"2026-06-26 03:44:55","date_modified":"2026-06-26 03:44:55","permalink":{"id":211857,"object_type":"structure","relational_id":13457,"identifier":"9","token":"38.2\/13\/9","url":"\/38.2\/13\/9\/","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":82605,"structure_id":13457,"section_number":"38.2-1358","catch_line":"Definitions","url":"\/38.2-1358\/","token":"38.2\/13\/9\/38.2-1358","metadata":false},{"id":84337,"structure_id":13457,"section_number":"38.2-1359","catch_line":"Licensure","url":"\/38.2-1359\/","token":"38.2\/13\/9\/38.2-1359","metadata":false},{"id":66843,"structure_id":13457,"section_number":"38.2-1360","catch_line":"Required contract provisions","url":"\/38.2-1360\/","token":"38.2\/13\/9\/38.2-1360","metadata":false},{"id":57894,"structure_id":13457,"section_number":"38.2-1361","catch_line":"Duties of insurers utilizing managing general agents","url":"\/38.2-1361\/","token":"38.2\/13\/9\/38.2-1361","metadata":false},{"id":54417,"structure_id":13457,"section_number":"38.2-1362","catch_line":"Examination authority","url":"\/38.2-1362\/","token":"38.2\/13\/9\/38.2-1362","metadata":false},{"id":83354,"structure_id":13457,"section_number":"38.2-1363","catch_line":"Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1363\/","token":"38.2\/13\/9\/38.2-1363","metadata":false},{"id":69749,"structure_id":13457,"section_number":"38.2-1364","catch_line":"Requirement to report to Commission","url":"\/38.2-1364\/","token":"38.2\/13\/9\/38.2-1364","metadata":false}],"previous_section":{"id":54417,"structure_id":13457,"section_number":"38.2-1362","catch_line":"Examination authority","url":"\/38.2-1362\/","token":"38.2\/13\/9\/38.2-1362","metadata":false},"next_section":{"id":69749,"structure_id":13457,"section_number":"38.2-1364","catch_line":"Requirement to report to Commission","url":"\/38.2-1364\/","token":"38.2\/13\/9\/38.2-1364","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1363\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 706<\/a> 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. 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 2006, chapter 762<\/a>.<\/p>","references":[{"id":56315,"section_number":"38.2-1834.1","catch_line":"Notification to Commission of termination; notice to agent; immunities; confidentiality; penalties","order_by":null,"url":"\/38.2-1834.1\/"}],"refers_to":[{"id":69749,"section_number":"38.2-1364","catch_line":"Requirement to report to Commission","order_by":null,"url":"\/38.2-1364\/"},{"id":66658,"section_number":"38.2-1500","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-1500\/"},{"id":64490,"section_number":"38.2-218","catch_line":"Penalties and restitution payments","order_by":null,"url":"\/38.2-218\/"}],"permalink":{"id":211879,"object_type":"law","relational_id":83354,"identifier":"38.2-1363","token":"38.2\/13\/9\/38.2-1363","url":"\/38.2-1363\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1363\/","token":"38.2\/13\/9\/38.2-1363","dublin_core":{"Title":"Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1363","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Commission<\/span> finds, after providing an opportunity to be heard, that any person<\/span> under its jurisdiction<\/span> has violated any provision of this article, the Commission<\/span> may, in addition to any other remedies authorized by this title, order<\/span> the managing general agent<\/span> to reimburse the insurer<\/span>, the rehabilitator or liquidator, or the receiver of the insurer<\/span> for any losses incurred by the insurer<\/span> caused by a violation of this article committed by the managing general agent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> may, in addition to or in lieu of a penalty<\/span> imposed under \u00a7 38.2-218<\/a>, place on probation<\/span>, suspend, revoke or refuse to issue<\/span> or renew any person<\/span>’s license as a managing general agent<\/span> for any one or more of the following causes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Providing materially incorrect, misleading, incomplete or untrue information in the license application or any other document filed with the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Violating any insurance<\/span> laws<\/span> or violating any regulation, subpoena<\/span>, or order<\/span> of the Commission<\/span> or of another state<\/span>’s insurance<\/span> regulatory authority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Obtaining or attempting to obtain a license through misrepresentation or fraud<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Improperly withholding, misappropriating, or converting any moneys or properties received in the course of doing business; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Engaging in the practice of rebating; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Engaging in twisting<\/span> or any form thereof, where “twisting<\/span>” means inducing an insured to terminate an existing policy and purchase a new policy through misrepresentation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Intentionally misrepresenting the terms of an actual or proposed insurance<\/span> contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Having been convicted of a felony<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Having admitted or been found to have committed any insurance<\/span> unfair trade practice or fraud<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, or untrustworthiness in the conduct of business in this Commonwealth or elsewhere, or demonstrating financial irresponsibility in the handling of applicant, policyholder, agency, or insurance company<\/span> funds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Having an insurance producer license, or its equivalent, denied, suspended or revoked in any other state<\/span>, province, or territory; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Forging another’s name to an application for insurance or reinsurance, or to any document related to an insurance transaction; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Knowingly accepting insurance business from an individual who is not licensed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Failing to comply with an administrative or court order<\/span> imposing a child support obligation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Failing to pay state<\/span> income tax or comply with any administrative or court order<\/span> directing payment of state<\/span> income tax; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> If the managing general agent<\/span> is a business entity<\/span>, having its corporate existence terminated, its certificate of organization, trust, limited liability company, or limited partnership canceled, or its certificate of authority or registration to transact business in the Commonwealth revoked or canceled, as the case may be. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Commission<\/span> believes that any applicant for a managing general agent<\/span>’s license is not of good character or does not have a good reputation for honesty, it may refuse to issue<\/span> the license, subject to the right of the applicant to demand a hearing<\/span> on the application. The Commission<\/span> shall not revoke or suspend an existing license until the licensee is given an opportunity to be heard before the Commission<\/span>. If the Commission<\/span> refuses to issue<\/span> a new license or proposes to revoke or suspend an existing license, it shall give the applicant or licensee at least 10 calendar days’ notice in writing of the time and place of the hearing<\/span>, if a hearing<\/span> is requested. The notice shall contain a statement of the objections to the issuance of the license, or the reason for its proposed revocation<\/span> or suspension as the case may be. The notice may be given to the applicant or licensee by registered or certified mail, sent to the last known address of record pursuant to § 38.2-1364<\/a>, or the last known business address if the address of record is incorrect, or in any other lawful manner the Commission<\/span> prescribes. The Commission<\/span> may summon witnesses to testify with respect to the applicant or licensee, and the applicant or licensee may introduce evidence<\/span> in his or its behalf. No applicant to whom a license is refused after a hearing<\/span>, nor any licensee whose license is revoked, shall again apply for a license until after the expiration of a period of five years from the date of the Commission<\/span>’s order, or such other period of time as the Commission<\/span> prescribes in its order. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing contained in this article is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If an order of rehabilitation or liquidation<\/span> of the insurer<\/span> has been entered pursuant to Chapter 15 (§ 38.2-1500<\/a> et seq.) of this title or the rehabilitation and liquidation<\/span> statutes<\/span> of a reciprocal state<\/span>, and the receiver appointed under that order determines that the managing general agent<\/span> or any other person<\/span> has not materially complied with the provisions of this article, or any rule, regulation or order promulgated thereunder, and the insurer<\/span> suffered any loss or damage therefrom, the receiver may maintain a civil action<\/span> for recovery of damages<\/span> or other appropriate sanctions<\/span> for the benefit of the insurer<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES AND LIABILITIES; GROUNDS FOR PLACING ON PROBATION, REFUSAL TO ISSUE OR\nRENEW, REVOCATION, OR SUSPENSION OF LICENSE (\u00a7 38.2-1363)\n\nA. If the Commission finds, after providing an opportunity to be heard, that any\nperson under its jurisdiction has violated any provision of this article, the\nCommission may, in addition to any other remedies authorized by this title,\norder the managing general agent to reimburse the insurer, the rehabilitator or\nliquidator, or the receiver of the insurer for any losses incurred by the\ninsurer caused by a violation of this article committed by the managing general\nagent.\n\nB. The Commission may, in addition to or in lieu of a penalty imposed under \u00a7\n38.2-218, place on probation, suspend, revoke or refuse to issue or renew any\nperson’s license as a managing general agent for any one or more of the\nfollowing causes:\n\n 1. Providing materially incorrect, misleading, incomplete or untrue\n information in the license application or any other document filed with the\n Commission;\n\n 2. Violating any insurance laws or violating any regulation, subpoena, or\n order of the Commission or of another state’s insurance regulatory\n authority;\n\n 3. Obtaining or attempting to obtain a license through misrepresentation or\n fraud;\n\n 4. Improperly withholding, misappropriating, or converting any moneys or\n properties received in the course of doing business;\n\n 5. Engaging in the practice of rebating;\n\n 6. Engaging in twisting or any form thereof, where “twisting”\n means inducing an insured to terminate an existing policy and purchase a new\n policy through misrepresentation;\n\n 7. Intentionally misrepresenting the terms of an actual or proposed insurance\n contract;\n\n 8. Having been convicted of a felony;\n\n 9. Having admitted or been found to have committed any insurance unfair trade\n practice or fraud;\n\n 10. Using fraudulent, coercive, or dishonest practices, or demonstrating\n incompetence, or untrustworthiness in the conduct of business in this\n Commonwealth or elsewhere, or demonstrating financial irresponsibility in the\n handling of applicant, policyholder, agency, or insurance company funds;\n\n 11. Having an insurance producer license, or its equivalent, denied, suspended\n or revoked in any other state, province, or territory;\n\n 12. Forging another’s name to an application for insurance or\n reinsurance, or to any document related to an insurance transaction;\n\n 13. Knowingly accepting insurance business from an individual who is not\n licensed;\n\n 14. Failing to comply with an administrative or court order imposing a child\n support obligation;\n\n 15. Failing to pay state income tax or comply with any administrative or court\n order directing payment of state income tax; or\n\n 16. If the managing general agent is a business entity, having its corporate\n existence terminated, its certificate of organization, trust, limited\n liability company, or limited partnership canceled, or its certificate of\n authority or registration to transact business in the Commonwealth revoked or\n canceled, as the case may be.\n\nC. If the Commission believes that any applicant for a managing general\nagent’s license is not of good character or does not have a good\nreputation for honesty, it may refuse to issue the license, subject to the right\nof the applicant to demand a hearing on the application. The Commission shall\nnot revoke or suspend an existing license until the licensee is given an\nopportunity to be heard before the Commission. If the Commission refuses to\nissue a new license or proposes to revoke or suspend an existing license, it\nshall give the applicant or licensee at least 10 calendar days’ notice in\nwriting of the time and place of the hearing, if a hearing is requested. The\nnotice shall contain a statement of the objections to the issuance of the\nlicense, or the reason for its proposed revocation or suspension as the case may\nbe. The notice may be given to the applicant or licensee by registered or\ncertified mail, sent to the last known address of record pursuant to §\n38.2-1364, or the last known business address if the address of record is\nincorrect, or in any other lawful manner the Commission prescribes. The\nCommission may summon witnesses to testify with respect to the applicant or\nlicensee, and the applicant or licensee may introduce evidence in his or its\nbehalf. No applicant to whom a license is refused after a hearing, nor any\nlicensee whose license is revoked, shall again apply for a license until after\nthe expiration of a period of five years from the date of the Commission’s\norder, or such other period of time as the Commission prescribes in its order.\n\nD. Nothing contained in this article is intended to or shall in any manner limit\nor restrict the rights of policyholders, claimants, and auditors.\n\nE. If an order of rehabilitation or liquidation of the insurer has been entered\npursuant to Chapter 15 (§ 38.2-1500 et seq.) of this title or the\nrehabilitation and liquidation statutes of a reciprocal state, and the receiver\nappointed under that order determines that the managing general agent or any\nother person has not materially complied with the provisions of this article, or\nany rule, regulation or order promulgated thereunder, and the insurer suffered\nany loss or damage therefrom, the receiver may maintain a civil action for\nrecovery of damages or other appropriate sanctions for the benefit of the\ninsurer.\n\nHISTORY: 2001, c. 706; 2006, c. 762.","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}}