{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1601.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1601.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1601.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1601.html"}],"law_id":82396,"edition_id":1,"section_id":82396,"structure_id":14435,"section_number":"38.2-1601","catch_line":"Application","history":"1970, c. 766, \u00a7 38.1-758; 1986, c. 562; 1987, c. 529; 1993, cc. 77, 774; 1998, c. 230; 2000, c. 526.","full_text":"This chapter shall apply to all classes of direct insurance written by member insurers but shall not be applicable to the following:\n\n1\n\nLife, annuity, health or disability insurance;2\n\nMortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks;3\n\nFidelity or surety bonds, or any other bonding obligations;4\n\nCredit insurance, credit property insurance, and credit involuntary unemployment insurance;5\n\nInsurance of warranties or service contracts;6\n\nTitle insurance;7\n\nInsurance of vessels or craft used primarily in a trade or business, their cargoes, and marine builders’ risk and marine protection and indemnity;8\n\nAny transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or9\n\nAny class of insurance written by cooperative nonprofit life benefit companies, mutual assessment life, accident and sickness insurers, burial societies, fraternal benefit societies, captive insurers, risk retention groups, and home protection companies.","order_by":null,"text":{"0":{"id":295213,"text":"This chapter shall apply to all classes of direct insurance written by member insurers but shall not be applicable to the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":295214,"text":"Life, annuity, health or disability insurance;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":295215,"text":"Mortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":295216,"text":"Fidelity or surety bonds, or any other bonding obligations;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":295217,"text":"Credit insurance, credit property insurance, and credit involuntary unemployment insurance;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":295218,"text":"Insurance of warranties or service contracts;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":295219,"text":"Title insurance;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":295220,"text":"Insurance of vessels or craft used primarily in a trade or business, their cargoes, and marine builders’ risk and marine protection and indemnity;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":295221,"text":"Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":295222,"text":"Any class of insurance written by cooperative nonprofit life benefit companies, mutual assessment life, accident and sickness insurers, burial societies, fraternal benefit societies, captive insurers, risk retention groups, and home protection companies.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8"}},"ancestry":[{"id":14435,"edition_id":1,"name":"Establishment and Operation of the Association","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12868,"metadata":{},"date_created":"2026-06-26 03:48:08","date_modified":"2026-06-26 03:48:08","permalink":{"id":212213,"object_type":"structure","relational_id":14435,"identifier":"1","token":"38.2\/16\/1","url":"\/38.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12868,"edition_id":1,"name":"Virginia Property and Casualty Insurance Guaranty Association","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":212211,"object_type":"structure","relational_id":12868,"identifier":"16","token":"38.2\/16","url":"\/38.2\/16\/","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":69368,"structure_id":14435,"section_number":"38.2-1600","catch_line":"Purpose","url":"\/38.2-1600\/","token":"38.2\/16\/1\/38.2-1600","metadata":false},{"id":82396,"structure_id":14435,"section_number":"38.2-1601","catch_line":"Application","url":"\/38.2-1601\/","token":"38.2\/16\/1\/38.2-1601","metadata":false},{"id":77832,"structure_id":14435,"section_number":"38.2-1602","catch_line":"Liberal construction","url":"\/38.2-1602\/","token":"38.2\/16\/1\/38.2-1602","metadata":false},{"id":81301,"structure_id":14435,"section_number":"38.2-1603","catch_line":"Definitions","url":"\/38.2-1603\/","token":"38.2\/16\/1\/38.2-1603","metadata":false},{"id":86917,"structure_id":14435,"section_number":"38.2-1604","catch_line":"Association created; members; divided into three accounts","url":"\/38.2-1604\/","token":"38.2\/16\/1\/38.2-1604","metadata":false},{"id":71289,"structure_id":14435,"section_number":"38.2-1605","catch_line":"Board of directors","url":"\/38.2-1605\/","token":"38.2\/16\/1\/38.2-1605","metadata":false},{"id":72860,"structure_id":14435,"section_number":"38.2-1606","catch_line":"Duties and powers of Association","url":"\/38.2-1606\/","token":"38.2\/16\/1\/38.2-1606","metadata":false},{"id":72859,"structure_id":14435,"section_number":"38.2-1607","catch_line":"Plan of operation","url":"\/38.2-1607\/","token":"38.2\/16\/1\/38.2-1607","metadata":false},{"id":83949,"structure_id":14435,"section_number":"38.2-1608","catch_line":"Duties and powers of Commission; judicial review","url":"\/38.2-1608\/","token":"38.2\/16\/1\/38.2-1608","metadata":false},{"id":57575,"structure_id":14435,"section_number":"38.2-1609","catch_line":"Insured's rights and liabilities; settlements binding on receiver or liquidator; priority of claims; statements to be filed with receiver or liquidator","url":"\/38.2-1609\/","token":"38.2\/16\/1\/38.2-1609","metadata":false},{"id":68508,"structure_id":14435,"section_number":"38.2-1610","catch_line":"Exhaustion of remedies under policy; claims recoverable from more than one association","url":"\/38.2-1610\/","token":"38.2\/16\/1\/38.2-1610","metadata":false},{"id":85806,"structure_id":14435,"section_number":"38.2-1611","catch_line":"Aids in detection and prevention of insurer insolvencies","url":"\/38.2-1611\/","token":"38.2\/16\/1\/38.2-1611","metadata":false},{"id":83184,"structure_id":14435,"section_number":"38.2-1611.1","catch_line":"Tax write-offs of certificates of contribution","url":"\/38.2-1611.1\/","token":"38.2\/16\/1\/38.2-1611.1","metadata":false},{"id":60574,"structure_id":14435,"section_number":"38.2-1612","catch_line":"Examination and regulation of Association by Commission; annual financial report","url":"\/38.2-1612\/","token":"38.2\/16\/1\/38.2-1612","metadata":false},{"id":80495,"structure_id":14435,"section_number":"38.2-1613","catch_line":"Exemption from payment of fees and taxes","url":"\/38.2-1613\/","token":"38.2\/16\/1\/38.2-1613","metadata":false},{"id":72837,"structure_id":14435,"section_number":"38.2-1614","catch_line":"Repealed","url":"\/38.2-1614\/","token":"38.2\/16\/1\/38.2-1614","metadata":false},{"id":58179,"structure_id":14435,"section_number":"38.2-1615","catch_line":"No liability for action taken in good faith","url":"\/38.2-1615\/","token":"38.2\/16\/1\/38.2-1615","metadata":false},{"id":55799,"structure_id":14435,"section_number":"38.2-1616","catch_line":"Stay of proceedings against insolvent insurer; setting aside judgment, etc.; access to records","url":"\/38.2-1616\/","token":"38.2\/16\/1\/38.2-1616","metadata":false},{"id":82413,"structure_id":14435,"section_number":"38.2-1617","catch_line":"Termination of operation of Association; expiration of chapter","url":"\/38.2-1617\/","token":"38.2\/16\/1\/38.2-1617","metadata":false}],"previous_section":{"id":69368,"structure_id":14435,"section_number":"38.2-1600","catch_line":"Purpose","url":"\/38.2-1600\/","token":"38.2\/16\/1\/38.2-1600","metadata":false},"next_section":{"id":77832,"structure_id":14435,"section_number":"38.2-1602","catch_line":"Liberal construction","url":"\/38.2-1602\/","token":"38.2\/16\/1\/38.2-1602","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1601\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 766 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 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. 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. Those modifications are as follows: in 1986, chapter 562; in 1987, chapter 529; in 1993, chapters 77 and 774; in 1998, chapter 230<\/a>; in 2000, chapter 526<\/a>.<\/p>","references":[{"id":81301,"section_number":"38.2-1603","catch_line":"Definitions","order_by":null,"url":"\/38.2-1603\/"}],"refers_to":false,"permalink":{"id":212219,"object_type":"law","relational_id":82396,"identifier":"38.2-1601","token":"38.2\/16\/1\/38.2-1601","url":"\/38.2-1601\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1601\/","token":"38.2\/16\/1\/38.2-1601","dublin_core":{"Title":"Application","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1601","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

This chapter shall apply to all classes of direct insurance<\/span> written by member insurers<\/span> but shall not be applicable to the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Life, annuity, health or disability insurance<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Mortgage guaranty, financial guaranty or other forms of insurance<\/span> offering protection against investment risks; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Fidelity or surety<\/span> bonds<\/span>, or any other bonding obligations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Credit insurance<\/span>, credit property insurance<\/span>, and credit involuntary unemployment insurance<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Insurance<\/span> of warranties or service contracts<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Title insurance<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Insurance<\/span> of vessels or craft used primarily in a trade or business, their cargoes, and marine builders’ risk and marine protection and indemnity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any transaction or combination of transactions between a person<\/span>, including affiliates<\/span> of such person<\/span>, and an insurer<\/span>, including affiliates<\/span> of such insurer<\/span>, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance<\/span> risk; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any class of insurance<\/span> written by cooperative nonprofit life benefit companies, mutual assessment life, accident and sickness insurers, burial societies, fraternal benefit societies, captive insurers, risk retention groups, and home protection companies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION (\u00a7 38.2-1601)\n\nThis chapter shall apply to all classes of direct insurance written by member\ninsurers but shall not be applicable to the following:\n\n1. Life, annuity, health or disability insurance;\n\n2. Mortgage guaranty, financial guaranty or other forms of insurance offering\nprotection against investment risks;\n\n3. Fidelity or surety bonds, or any other bonding obligations;\n\n4. Credit insurance, credit property insurance, and credit involuntary\nunemployment insurance;\n\n5. Insurance of warranties or service contracts;\n\n6. Title insurance;\n\n7. Insurance of vessels or craft used primarily in a trade or business, their\ncargoes, and marine builders’ risk and marine protection and indemnity;\n\n8. Any transaction or combination of transactions between a person, including\naffiliates of such person, and an insurer, including affiliates of such insurer,\nwhich involves the transfer of investment or credit risk unaccompanied by\ntransfer of insurance risk; or\n\n9. Any class of insurance written by cooperative nonprofit life benefit\ncompanies, mutual assessment life, accident and sickness insurers, burial\nsocieties, fraternal benefit societies, captive insurers, risk retention groups,\nand home protection companies.\n\nHISTORY: 1970, c. 766, \u00a7 38.1-758; 1986, c. 562; 1987, c. 529; 1993, cc. 77,\n774; 1998, c. 230; 2000, c. 526.","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}}