{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1801.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1801.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1801.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1801.html"}],"law_id":76029,"edition_id":1,"section_id":76029,"structure_id":14103,"section_number":"38.2-1801","catch_line":"Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency relationship","history":"Code 1950, \u00a7 38.1-292; 1952, c. 317; 1979, c. 513, \u00a7 38.1-327.2; 1986, c. 562; 1987, c. 521; 1988, c. 229; 1989, c. 543; 1993, c. 145; 2001, c. 706.","full_text":"A\n\nA licensed agent shall be held to be the agent of the insurer that issued the insurance sold, solicited, or negotiated by such agent in any controversy between the insured or his beneficiary and the insurer. No licensed agent or any other person shall claim to be a representative of, authorized agent of, agent of, or other term implying an appointed relationship with a particular insurer unless such agent has become an appointed agent of that insurer. For the purpose of notice of claim or suit, the agent or producer of record shall be deemed to be the agent of the insurer. In the case of policies of life insurance, accident and sickness insurance, annuities and variable annuities, such notice shall be given to the insurer at its home office as shown in the policy of insurance.B\n\nA premium payment made by an insured to an agent, whether appointed by an insurer or not, or to a surplus lines broker, where the insurer or its appointed agent acknowledged specific insurance for a specific policy period by the issuance of a policy, written binder, or other contract of temporary insurance, whether new or renewal, shall be considered payment to the insurer, and such insurer shall be liable to the insured for (i) any covered losses under the insurance and (ii) the return to the insured of any unearned premium amount due the insured except as provided in subsection D of § 38.2-1806.C\n\nExcept as provided in subsection D of § 38.2-1806, where premiums for the issuance of a policy or endorsement have been financed by an insurance premium finance company and payment and evidence of financing for such policy or endorsement have been received by the insurer or its appointed agent, the insurer shall be liable for the return to the insurance premium finance company of any unearned premium due the insurance premium finance company.","order_by":null,"text":{"0":{"id":272896,"text":"A licensed agent shall be held to be the agent of the insurer that issued the insurance sold, solicited, or negotiated by such agent in any controversy between the insured or his beneficiary and the insurer. No licensed agent or any other person shall claim to be a representative of, authorized agent of, agent of, or other term implying an appointed relationship with a particular insurer unless such agent has become an appointed agent of that insurer. For the purpose of notice of claim or suit, the agent or producer of record shall be deemed to be the agent of the insurer. In the case of policies of life insurance, accident and sickness insurance, annuities and variable annuities, such notice shall be given to the insurer at its home office as shown in the policy of insurance.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272897,"text":"A premium payment made by an insured to an agent, whether appointed by an insurer or not, or to a surplus lines broker, where the insurer or its appointed agent acknowledged specific insurance for a specific policy period by the issuance of a policy, written binder, or other contract of temporary insurance, whether new or renewal, shall be considered payment to the insurer, and such insurer shall be liable to the insured for (i) any covered losses under the insurance and (ii) the return to the insured of any unearned premium amount due the insured except as provided in subsection D of § 38.2-1806.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":272898,"text":"Except as provided in subsection D of § 38.2-1806, where premiums for the issuance of a policy or endorsement have been financed by an insurance premium finance company and payment and evidence of financing for such policy or endorsement have been received by the insurer or its appointed agent, the insurer shall be liable for the return to the insurance premium finance company of any unearned premium due the insurance premium finance company.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14103,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":212413,"object_type":"structure","relational_id":14103,"identifier":"1","token":"38.2\/18\/1","url":"\/38.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13203,"edition_id":1,"name":"Insurance Agents","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":212411,"object_type":"structure","relational_id":13203,"identifier":"18","token":"38.2\/18","url":"\/38.2\/18\/","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":67482,"structure_id":14103,"section_number":"38.2-1800","catch_line":"Definitions","url":"\/38.2-1800\/","token":"38.2\/18\/1\/38.2-1800","metadata":false},{"id":66272,"structure_id":14103,"section_number":"38.2-1800.1","catch_line":"Proof of residency","url":"\/38.2-1800.1\/","token":"38.2\/18\/1\/38.2-1800.1","metadata":false},{"id":76029,"structure_id":14103,"section_number":"38.2-1801","catch_line":"Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency relationship","url":"\/38.2-1801\/","token":"38.2\/18\/1\/38.2-1801","metadata":false},{"id":77079,"structure_id":14103,"section_number":"38.2-1802","catch_line":"Acting as agent for unlicensed insurer prohibited; penalties","url":"\/38.2-1802\/","token":"38.2\/18\/1\/38.2-1802","metadata":false},{"id":76801,"structure_id":14103,"section_number":"38.2-1803","catch_line":"Repealed","url":"\/38.2-1803\/","token":"38.2\/18\/1\/38.2-1803","metadata":false},{"id":69797,"structure_id":14103,"section_number":"38.2-1804","catch_line":"Blank forms","url":"\/38.2-1804\/","token":"38.2\/18\/1\/38.2-1804","metadata":false},{"id":60505,"structure_id":14103,"section_number":"38.2-1805","catch_line":"Acceptance by insurance agents of premiums in arrears; how advance premiums recorded","url":"\/38.2-1805\/","token":"38.2\/18\/1\/38.2-1805","metadata":false},{"id":83261,"structure_id":14103,"section_number":"38.2-1806","catch_line":"Interest with respect to credit extended or money lent for premiums on certain policies","url":"\/38.2-1806\/","token":"38.2\/18\/1\/38.2-1806","metadata":false},{"id":72532,"structure_id":14103,"section_number":"38.2-1807","catch_line":"Repealed","url":"\/38.2-1807\/","token":"38.2\/18\/1\/38.2-1807","metadata":false},{"id":65536,"structure_id":14103,"section_number":"38.2-1808","catch_line":"All agreements to be expressed in contract","url":"\/38.2-1808\/","token":"38.2\/18\/1\/38.2-1808","metadata":false},{"id":59462,"structure_id":14103,"section_number":"38.2-1809","catch_line":"Power of Commission to investigate affairs of persons engaged in insurance business; penalties for refusal to permit investigation","url":"\/38.2-1809\/","token":"38.2\/18\/1\/38.2-1809","metadata":false},{"id":77150,"structure_id":14103,"section_number":"38.2-1810","catch_line":"Report of acts deemed larceny under \u00a7 18.2-111; privileged communications; attorney for the Commonwealth to be informed","url":"\/38.2-1810\/","token":"38.2\/18\/1\/38.2-1810","metadata":false},{"id":85445,"structure_id":14103,"section_number":"38.2-1811","catch_line":"Repealed","url":"\/38.2-1811\/","token":"38.2\/18\/1\/38.2-1811","metadata":false},{"id":87107,"structure_id":14103,"section_number":"38.2-1812","catch_line":"Payment and sharing of commissions","url":"\/38.2-1812\/","token":"38.2\/18\/1\/38.2-1812","metadata":false},{"id":57682,"structure_id":14103,"section_number":"38.2-1812.1","catch_line":"Placement of insurance for public bodies","url":"\/38.2-1812.1\/","token":"38.2\/18\/1\/38.2-1812.1","metadata":false},{"id":66943,"structure_id":14103,"section_number":"38.2-1812.2","catch_line":"Administrative charges in excess of premium prohibited; exceptions","url":"\/38.2-1812.2\/","token":"38.2\/18\/1\/38.2-1812.2","metadata":false},{"id":55233,"structure_id":14103,"section_number":"38.2-1813","catch_line":"Reporting and accounting for premiums","url":"\/38.2-1813\/","token":"38.2\/18\/1\/38.2-1813","metadata":false}],"previous_section":{"id":66272,"structure_id":14103,"section_number":"38.2-1800.1","catch_line":"Proof of residency","url":"\/38.2-1800.1\/","token":"38.2\/18\/1\/38.2-1800.1","metadata":false},"next_section":{"id":77079,"structure_id":14103,"section_number":"38.2-1802","catch_line":"Acting as agent for unlicensed insurer prohibited; penalties","url":"\/38.2-1802\/","token":"38.2\/18\/1\/38.2-1802","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1801\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1952, chapter 317; in 1979, chapter 513; in 1986, chapter 562; in 1987, chapter 521; in 1988, chapter 229; in 1989, chapter 543; in 1993, chapter 145; in 2001, chapter 706<\/a>.<\/p>","references":[{"id":56139,"section_number":"38.2-1833","catch_line":"Appointments of agents","order_by":null,"url":"\/38.2-1833\/"}],"refers_to":[{"id":83261,"section_number":"38.2-1806","catch_line":"Interest with respect to credit extended or money lent for premiums on certain policies","order_by":null,"url":"\/38.2-1806\/"}],"permalink":{"id":212423,"object_type":"law","relational_id":76029,"identifier":"38.2-1801","token":"38.2\/18\/1\/38.2-1801","url":"\/38.2-1801\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1801\/","token":"38.2\/18\/1\/38.2-1801","dublin_core":{"Title":"Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency relationship","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1801","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A licensed agent shall be held to be the agent of the insurer<\/span> that issued the insurance<\/span> sold, solicited, or negotiated by such agent in any controversy between the insured or his beneficiary and the insurer<\/span>. No licensed agent or any other person<\/span> shall claim to be a representative of, authorized agent of, agent of, or other term implying an appointed relationship with a particular insurer<\/span> unless such agent has become an appointed agent of that insurer<\/span>. For the purpose of notice of claim or suit, the agent or producer of record shall be deemed to be the agent of the insurer<\/span>. In the case of policies of life insurance<\/span>, accident and sickness insurance<\/span>, annuities and variable annuities, such notice shall be given to the insurer<\/span> at its home office as shown in the policy of insurance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A premium payment made by an insured to an agent, whether appointed by an insurer<\/span> or not, or to a surplus lines broker<\/span>, where the insurer<\/span> or its appointed agent acknowledged specific insurance<\/span> for a specific policy period by the issuance of a policy, written binder, or other contract<\/span> of temporary insurance<\/span>, whether new or renewal, shall be considered payment to the insurer<\/span>, and such insurer<\/span> shall be liable to the insured for (i) any covered losses under the insurance<\/span> and (ii) the return to the insured of any unearned premium amount due the insured except as provided in subsection D of § 38.2-1806<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as provided in subsection D of § 38.2-1806<\/a>, where premiums for the issuance of a policy or endorsement have been financed by an insurance<\/span> premium finance company<\/span> and payment and evidence<\/span> of financing for such policy or endorsement have been received by the insurer<\/span> or its appointed agent, the insurer<\/span> shall be liable for the return to the insurance<\/span> premium finance company<\/span> of any unearned premium due the insurance<\/span> premium finance company<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERSON SOLICITING INSURANCE DEEMED AGENT OF INSURER; PROHIBITION AGAINST\nMISREPRESENTING AGENCY RELATIONSHIP (\u00a7 38.2-1801)\n\nA. A licensed agent shall be held to be the agent of the insurer that issued the\ninsurance sold, solicited, or negotiated by such agent in any controversy\nbetween the insured or his beneficiary and the insurer. No licensed agent or any\nother person shall claim to be a representative of, authorized agent of, agent\nof, or other term implying an appointed relationship with a particular insurer\nunless such agent has become an appointed agent of that insurer. For the purpose\nof notice of claim or suit, the agent or producer of record shall be deemed to\nbe the agent of the insurer. In the case of policies of life insurance, accident\nand sickness insurance, annuities and variable annuities, such notice shall be\ngiven to the insurer at its home office as shown in the policy of insurance.\n\nB. A premium payment made by an insured to an agent, whether appointed by an\ninsurer or not, or to a surplus lines broker, where the insurer or its appointed\nagent acknowledged specific insurance for a specific policy period by the\nissuance of a policy, written binder, or other contract of temporary insurance,\nwhether new or renewal, shall be considered payment to the insurer, and such\ninsurer shall be liable to the insured for (i) any covered losses under the\ninsurance and (ii) the return to the insured of any unearned premium amount due\nthe insured except as provided in subsection D of § 38.2-1806.\n\nC. Except as provided in subsection D of § 38.2-1806, where premiums for\nthe issuance of a policy or endorsement have been financed by an insurance\npremium finance company and payment and evidence of financing for such policy or\nendorsement have been received by the insurer or its appointed agent, the\ninsurer shall be liable for the return to the insurance premium finance company\nof any unearned premium due the insurance premium finance company.\n\nHISTORY: Code 1950, \u00a7 38.1-292; 1952, c. 317; 1979, c. 513, \u00a7 38.1-327.2;\n1986, c. 562; 1987, c. 521; 1988, c. 229; 1989, c. 543; 1993, c. 145; 2001, c.\n706.","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}}