{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1604.html"}],"law_id":86917,"edition_id":1,"section_id":86917,"structure_id":14435,"section_number":"38.2-1604","catch_line":"Association created; members; divided into three accounts","history":"1970, c. 766, \u00a7 38.1-761; 1986, c. 562; 1998, c. 230.","full_text":"The nonprofit unincorporated legal entity known as the Virginia Property and Casualty Insurance Guaranty Association, created by former \u00a7 38.1-761, shall continue in existence. All insurers defined as “member insurers” under \u00a7 38.2-1603 shall be and remain members of the Association as a condition of their license to transact the business of insurance in this Commonwealth. The Association shall perform its functions under a plan of operation established and approved under \u00a7 38.2-1607 and shall exercise its powers through a board of directors established under \u00a7 38.2-1605. For purposes of administration and assessment, the Association shall have three separate accounts: (i) the workers’ compensation insurance account; (ii) the automobile insurance account; and (iii) the account for all other insurance to which this chapter applies. These accounts shall be in addition to and separate from the safety fund authorized by \u00a7 38.2-1619.","order_by":null,"text":{"0":{"id":311204,"text":"The nonprofit unincorporated legal entity known as the Virginia Property and Casualty Insurance Guaranty Association, created by former \u00a7 38.1-761, shall continue in existence. All insurers defined as “member insurers” under \u00a7 38.2-1603 shall be and remain members of the Association as a condition of their license to transact the business of insurance in this Commonwealth. The Association shall perform its functions under a plan of operation established and approved under \u00a7 38.2-1607 and shall exercise its powers through a board of directors established under \u00a7 38.2-1605. For purposes of administration and assessment, the Association shall have three separate accounts: (i) the workers’ compensation insurance account; (ii) the automobile insurance account; and (iii) the account for all other insurance to which this chapter applies. These accounts shall be in addition to and separate from the safety fund authorized by \u00a7 38.2-1619.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1604\/","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 2 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 1998, chapter 230<\/a>.<\/p>","references":[{"id":81301,"section_number":"38.2-1603","catch_line":"Definitions","order_by":null,"url":"\/38.2-1603\/"},{"id":54201,"section_number":"38.2-1620","catch_line":"Financing the safety fund, maximum amount, distribution of excess","order_by":null,"url":"\/38.2-1620\/"},{"id":65559,"section_number":"38.2-1622","catch_line":"Use of safety fund, repayment, etc","order_by":null,"url":"\/38.2-1622\/"}],"refers_to":[{"id":81301,"section_number":"38.2-1603","catch_line":"Definitions","order_by":null,"url":"\/38.2-1603\/"},{"id":71289,"section_number":"38.2-1605","catch_line":"Board of directors","order_by":null,"url":"\/38.2-1605\/"},{"id":72859,"section_number":"38.2-1607","catch_line":"Plan of operation","order_by":null,"url":"\/38.2-1607\/"},{"id":60135,"section_number":"38.2-1619","catch_line":"Safety fund","order_by":null,"url":"\/38.2-1619\/"}],"permalink":{"id":212231,"object_type":"law","relational_id":86917,"identifier":"38.2-1604","token":"38.2\/16\/1\/38.2-1604","url":"\/38.2-1604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1604\/","token":"38.2\/16\/1\/38.2-1604","dublin_core":{"Title":"Association created; members; divided into three accounts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The nonprofit unincorporated legal entity known as the Virginia Property and Casualty Insurance<\/span> Guaranty Association<\/span>, created by former \u00a7 38.1-761, shall continue in existence. All insurers defined as “member insurers<\/span>” under \u00a7 38.2-1603<\/a> shall be and remain members of the Association<\/span> as a condition of their license to transact the business of insurance<\/span> in this Commonwealth. The Association<\/span> shall perform its functions under a plan of operation established and approved under \u00a7 38.2-1607<\/a> and shall exercise its powers through a board of directors established under \u00a7 38.2-1605<\/a>. For purposes of administration and assessment, the Association<\/span> shall have three separate accounts<\/span>: (i) the workers’ compensation insurance<\/span> account<\/span>; (ii) the automobile insurance<\/span> account<\/span>; and (iii) the account<\/span> for all other insurance<\/span> to which this chapter applies. These accounts<\/span> shall be in addition to and separate from the safety fund authorized by \u00a7 38.2-1619<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSOCIATION CREATED; MEMBERS; DIVIDED INTO THREE ACCOUNTS (\u00a7 38.2-1604)\n\nThe nonprofit unincorporated legal entity known as the Virginia Property and\nCasualty Insurance Guaranty Association, created by former \u00a7 38.1-761, shall\ncontinue in existence. All insurers defined as “member insurers”\nunder \u00a7 38.2-1603 shall be and remain members of the Association as a condition\nof their license to transact the business of insurance in this Commonwealth. The\nAssociation shall perform its functions under a plan of operation established\nand approved under \u00a7 38.2-1607 and shall exercise its powers through a board of\ndirectors established under \u00a7 38.2-1605. For purposes of administration and\nassessment, the Association shall have three separate accounts: (i) the\nworkers’ compensation insurance account; (ii) the automobile insurance\naccount; and (iii) the account for all other insurance to which this chapter\napplies. These accounts shall be in addition to and separate from the safety\nfund authorized by \u00a7 38.2-1619.\n\nHISTORY: 1970, c. 766, \u00a7 38.1-761; 1986, c. 562; 1998, c. 230.","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}}