{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1611.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1611.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1611.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1611.html"}],"law_id":85806,"edition_id":1,"section_id":85806,"structure_id":14435,"section_number":"38.2-1611","catch_line":"Aids in detection and prevention of insurer insolvencies","history":"1970, c. 766, \u00a7 38.1-768; 1986, c. 562; 1987, c. 529.","full_text":"To aid in the detection and prevention of insurer insolvencies:\n\n1\n\nThe Association’s board of directors has the duty, upon a majority vote, (i) to make recommendations to the Commission for the detection and prevention of insurer insolvencies, and (ii) to respond to requests by the Commission to discuss and make recommendations regarding the status of any member insurer whose financial condition may be hazardous to the policyholders or the public.\n\t\t\t2 through 5. [Repealed.]6\n\nAt the request of the Commission and at the conclusion of any insurer’s insolvency in which the Association was obligated to pay covered claims, the board of directors may prepare a report on the history and causes of the insolvency based on the information available to the Association. The report shall be submitted to the Commission.","order_by":null,"text":{"0":{"id":307285,"text":"To aid in the detection and prevention of insurer insolvencies:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":307286,"text":"The Association’s board of directors has the duty, upon a majority vote, (i) to make recommendations to the Commission for the detection and prevention of insurer insolvencies, and (ii) to respond to requests by the Commission to discuss and make recommendations regarding the status of any member insurer whose financial condition may be hazardous to the policyholders or the public.\n\t\t\t2 through 5. [Repealed.]","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"6"},"2":{"id":307287,"text":"At the request of the Commission and at the conclusion of any insurer’s insolvency in which the Association was obligated to pay covered claims, the board of directors may prepare a report on the history and causes of the insolvency based on the information available to the Association. The report shall be submitted to the Commission.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1611\/","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 1987, chapter 529.<\/p>","references":false,"refers_to":false,"permalink":{"id":212259,"object_type":"law","relational_id":85806,"identifier":"38.2-1611","token":"38.2\/16\/1\/38.2-1611","url":"\/38.2-1611\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1611\/","token":"38.2\/16\/1\/38.2-1611","dublin_core":{"Title":"Aids in detection and prevention of insurer insolvencies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1611","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

To aid in the detection and prevention of insurer<\/span> insolvencies:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Association<\/span>’s board of directors has the duty, upon a majority vote, (i) to make recommendations to the Commission<\/span> for the detection and prevention of insurer insolvencies, and (ii) to respond to requests by the Commission<\/span> to discuss and make recommendations regarding the status of any member insurer<\/span> whose financial condition may be hazardous to the policyholders or the public.\n\t\t\t2 through 5. [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> At the request of the Commission<\/span> and at the conclusion of any insurer’s insolvency in which the Association<\/span> was obligated to pay covered claims<\/span>, the board of directors may prepare a report on the history and causes of the insolvency based on the information available to the Association<\/span>. The report shall be submitted to the Commission<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAIDS IN DETECTION AND PREVENTION OF INSURER INSOLVENCIES (\u00a7 38.2-1611)\n\nTo aid in the detection and prevention of insurer insolvencies:\n\n1. The Association’s board of directors has the duty, upon a majority\nvote, (i) to make recommendations to the Commission for the detection and\nprevention of insurer insolvencies, and (ii) to respond to requests by the\nCommission to discuss and make recommendations regarding the status of any\nmember insurer whose financial condition may be hazardous to the policyholders\nor the public.\n\t\t\t2 through 5. [Repealed.]\n\n6. At the request of the Commission and at the conclusion of any insurer’s\ninsolvency in which the Association was obligated to pay covered claims, the\nboard of directors may prepare a report on the history and causes of the\ninsolvency based on the information available to the Association. The report\nshall be submitted to the Commission.\n\nHISTORY: 1970, c. 766, \u00a7 38.1-768; 1986, c. 562; 1987, c. 529.","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}}