{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1802.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1802.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1802.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1802.html"}],"law_id":77079,"edition_id":1,"section_id":77079,"structure_id":14103,"section_number":"38.2-1802","catch_line":"Acting as agent for unlicensed insurer prohibited; penalties","history":"Code 1950, \u00a7 38.1-281; 1952, c. 317; 1956, c. 173; 1979, c. 513, \u00a7 38.1-327.3; 1982, c. 264; 1983, c. 480; 1986, c. 562; 1987, cc. 519, 521; 2001, c. 706.","full_text":"A\n\nNo person other than a licensed surplus lines broker shall sell, solicit, or negotiate contracts of insurance in this Commonwealth on behalf of any insurer which is not licensed to transact the business of insurance in this Commonwealth. Nothing in this section shall prohibit any person from obtaining insurance upon his own life or property from an unlicensed insurer.B\n\nAny person violating the provisions of this section shall be guilty upon conviction of a Class 1 misdemeanor and punished for each offense. In addition, any person violating this section shall be (i) liable on any claim against any unlicensed insurer that arises out of a contract or policy sold, solicited, or negotiated by the person or which the person assisted in selling, soliciting, or negotiating, or (ii) punished as provided in §§ 38.2-218 and 38.2-1831, or (iii) subject to both (i) and (ii).C\n\nNothing in this section shall apply to the selling, soliciting, or negotiating of contracts of insurance on:1\n\nVessels or craft, their cargo, freight, marine builder’s risk, maritime protection and indemnity, ship repairer’s legal liability, tower’s liability or other risks commonly insured under ocean marine insurance policies as distinguished from inland marine insurance policies, provided that a property and casualty or limited lines property and casualty agent licensed in this Commonwealth sells, solicits, or negotiates these classes of insurance on behalf of any insurer not licensed to transact the business of insurance in this Commonwealth; or2\n\nThe rolling stock and operating properties of railroads used in interstate commerce or of any liability or other risks incidental to their ownership, maintenance or operation.D\n\nA property and casualty or limited lines property and casualty agent licensed in this Commonwealth who, pursuant to the provisions of subdivision C 1, sells, solicits, or negotiates ocean marine insurance on behalf of any insurer not licensed to transact the business of insurance in this Commonwealth shall provide a notice to the insured stating that the insurance policy is to be placed with an insurer not licensed to transact the business of insurance in the Commonwealth and stating that (i) in the event of the insolvency of the insurer, there is no protection under the Virginia Property and Casualty Insurance Guaranty Association against financial loss to claimants or policyholders because of the insolvency of an unlicensed insurer, and (ii) the insured may not be protected under the insurance laws of this Commonwealth. The notice required by this subsection shall be in a form prescribed by the Commission and shall be signed and dated by the agent and the insured. The signatures required by this subsection may be in electronic form. The agent shall keep a copy of the notice for at least three years after the effective date of the policy to which the notice pertains. A copy of the notice shall be given to the insured prior to placement of the insurance.","order_by":null,"text":{"0":{"id":276539,"text":"No person other than a licensed surplus lines broker shall sell, solicit, or negotiate contracts of insurance in this Commonwealth on behalf of any insurer which is not licensed to transact the business of insurance in this Commonwealth. Nothing in this section shall prohibit any person from obtaining insurance upon his own life or property from an unlicensed insurer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276540,"text":"Any person violating the provisions of this section shall be guilty upon conviction of a Class 1 misdemeanor and punished for each offense. In addition, any person violating this section shall be (i) liable on any claim against any unlicensed insurer that arises out of a contract or policy sold, solicited, or negotiated by the person or which the person assisted in selling, soliciting, or negotiating, or (ii) punished as provided in §§ 38.2-218 and 38.2-1831, or (iii) subject to both (i) and (ii).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":276541,"text":"Nothing in this section shall apply to the selling, soliciting, or negotiating of contracts of insurance on:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":276542,"text":"Vessels or craft, their cargo, freight, marine builder’s risk, maritime protection and indemnity, ship repairer’s legal liability, tower’s liability or other risks commonly insured under ocean marine insurance policies as distinguished from inland marine insurance policies, provided that a property and casualty or limited lines property and casualty agent licensed in this Commonwealth sells, solicits, or negotiates these classes of insurance on behalf of any insurer not licensed to transact the business of insurance in this Commonwealth; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":276543,"text":"The rolling stock and operating properties of railroads used in interstate commerce or of any liability or other risks incidental to their ownership, maintenance or operation.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":276544,"text":"A property and casualty or limited lines property and casualty agent licensed in this Commonwealth who, pursuant to the provisions of subdivision C 1, sells, solicits, or negotiates ocean marine insurance on behalf of any insurer not licensed to transact the business of insurance in this Commonwealth shall provide a notice to the insured stating that the insurance policy is to be placed with an insurer not licensed to transact the business of insurance in the Commonwealth and stating that (i) in the event of the insolvency of the insurer, there is no protection under the Virginia Property and Casualty Insurance Guaranty Association against financial loss to claimants or policyholders because of the insolvency of an unlicensed insurer, and (ii) the insured may not be protected under the insurance laws of this Commonwealth. The notice required by this subsection shall be in a form prescribed by the Commission and shall be signed and dated by the agent and the insured. The signatures required by this subsection may be in electronic form. The agent shall keep a copy of the notice for at least three years after the effective date of the policy to which the notice pertains. A copy of the notice shall be given to the insured prior to placement of the insurance.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1802\/","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 1956, chapter 173; in 1979, chapter 513; in 1982, chapter 264; in 1983, chapter 480; in 1986, chapter 562; in 1987, chapters 519 and 521; in 2001, chapter 706<\/a>.<\/p>","references":[{"id":63256,"section_number":"38.2-1857.1","catch_line":"Property and casualty insurance agents may be licensed as surplus lines brokers for certain insurance from eligible nonadmitted insurers","order_by":null,"url":"\/38.2-1857.1\/"},{"id":54697,"section_number":"38.2-4805.1","catch_line":"Application of chapter","order_by":null,"url":"\/38.2-4805.1\/"}],"refers_to":[{"id":75184,"section_number":"38.2-1831","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1831\/"},{"id":64490,"section_number":"38.2-218","catch_line":"Penalties and restitution payments","order_by":null,"url":"\/38.2-218\/"}],"permalink":{"id":212427,"object_type":"law","relational_id":77079,"identifier":"38.2-1802","token":"38.2\/18\/1\/38.2-1802","url":"\/38.2-1802\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1802\/","token":"38.2\/18\/1\/38.2-1802","dublin_core":{"Title":"Acting as agent for unlicensed insurer prohibited; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1802","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person<\/span> other than a licensed surplus lines broker<\/span> shall sell<\/span>, solicit<\/span>, or negotiate<\/span> contracts<\/span> of insurance<\/span> in this Commonwealth on behalf of any insurer<\/span> which is not licensed to transact the business of insurance<\/span> in this Commonwealth. Nothing in this section shall prohibit any person<\/span> from obtaining insurance<\/span> upon his own life or property from an unlicensed insurer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> violating the provisions of this section shall be guilty upon conviction<\/span> of a Class 1 misdemeanor<\/span> and punished for each offense<\/span>. In addition, any person<\/span> violating this section shall be (i) liable on any claim against any unlicensed insurer<\/span> that arises out of a contract<\/span> or policy sold, solicited, or negotiated by the person<\/span> or which the person<\/span> assisted in selling, soliciting, or negotiating, or (ii) punished as provided in §§ 38.2-218<\/a> and 38.2-1831<\/a>, or (iii) subject to both (i) and (ii). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall apply to the selling, soliciting, or negotiating of contracts<\/span> of insurance<\/span> on: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Vessels or craft, their cargo, freight, marine builder’s risk, maritime protection and indemnity, ship repairer’s legal liability, tower’s liability or other risks commonly insured under ocean marine insurance policies<\/span> as distinguished from inland marine insurance policies<\/span>, provided that a property and casualty or limited lines property and casualty agent<\/span> licensed in this Commonwealth sells<\/span>, solicits<\/span>, or negotiates<\/span> these classes of insurance on behalf of any insurer<\/span> not licensed to transact the business of insurance in this Commonwealth; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The rolling stock and operating properties of railroads used in interstate commerce or of any liability or other risks incidental to their ownership, maintenance or operation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A property and casualty or limited lines property and casualty agent<\/span> licensed in this Commonwealth who, pursuant to the provisions of subdivision C 1, sells<\/span>, solicits<\/span>, or negotiates<\/span> ocean marine insurance on behalf of any insurer<\/span> not licensed to transact the business of insurance in this Commonwealth shall provide a notice to the insured stating that the insurance policy is to be placed with an insurer<\/span> not licensed to transact the business of insurance in the Commonwealth and stating that (i) in the event of the insolvency of the insurer<\/span>, there is no protection under the Virginia Property and Casualty Insurance Guaranty Association against financial loss to claimants or policyholders because of the insolvency of an unlicensed insurer<\/span>, and (ii) the insured may not be protected under the insurance laws<\/span> of this Commonwealth. The notice required by this subsection shall be in a form prescribed by the Commission<\/span> and shall be signed and dated by the agent and the insured. The signatures required by this subsection may be in electronic form. The agent shall keep a copy of the notice for at least three years after the effective date of the policy to which the notice pertains. A copy of the notice shall be given to the insured prior to placement of the insurance. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTING AS AGENT FOR UNLICENSED INSURER PROHIBITED; PENALTIES (\u00a7 38.2-1802)\n\nA. No person other than a licensed surplus lines broker shall sell, solicit, or\nnegotiate contracts of insurance in this Commonwealth on behalf of any insurer\nwhich is not licensed to transact the business of insurance in this\nCommonwealth. Nothing in this section shall prohibit any person from obtaining\ninsurance upon his own life or property from an unlicensed insurer.\n\nB. Any person violating the provisions of this section shall be guilty upon\nconviction of a Class 1 misdemeanor and punished for each offense. In addition,\nany person violating this section shall be (i) liable on any claim against any\nunlicensed insurer that arises out of a contract or policy sold, solicited, or\nnegotiated by the person or which the person assisted in selling, soliciting, or\nnegotiating, or (ii) punished as provided in §§ 38.2-218 and\n38.2-1831, or (iii) subject to both (i) and (ii).\n\nC. Nothing in this section shall apply to the selling, soliciting, or\nnegotiating of contracts of insurance on:\n\n 1. Vessels or craft, their cargo, freight, marine builder’s risk,\n maritime protection and indemnity, ship repairer’s legal liability,\n tower’s liability or other risks commonly insured under ocean marine\n insurance policies as distinguished from inland marine insurance policies,\n provided that a property and casualty or limited lines property and casualty\n agent licensed in this Commonwealth sells, solicits, or negotiates these\n classes of insurance on behalf of any insurer not licensed to transact the\n business of insurance in this Commonwealth; or\n\n 2. The rolling stock and operating properties of railroads used in interstate\n commerce or of any liability or other risks incidental to their ownership,\n maintenance or operation.\n\nD. A property and casualty or limited lines property and casualty agent licensed\nin this Commonwealth who, pursuant to the provisions of subdivision C 1, sells,\nsolicits, or negotiates ocean marine insurance on behalf of any insurer not\nlicensed to transact the business of insurance in this Commonwealth shall\nprovide a notice to the insured stating that the insurance policy is to be\nplaced with an insurer not licensed to transact the business of insurance in the\nCommonwealth and stating that (i) in the event of the insolvency of the insurer,\nthere is no protection under the Virginia Property and Casualty Insurance\nGuaranty Association against financial loss to claimants or policyholders\nbecause of the insolvency of an unlicensed insurer, and (ii) the insured may not\nbe protected under the insurance laws of this Commonwealth. The notice required\nby this subsection shall be in a form prescribed by the Commission and shall be\nsigned and dated by the agent and the insured. The signatures required by this\nsubsection may be in electronic form. The agent shall keep a copy of the notice\nfor at least three years after the effective date of the policy to which the\nnotice pertains. A copy of the notice shall be given to the insured prior to\nplacement of the insurance.\n\nHISTORY: Code 1950, \u00a7 38.1-281; 1952, c. 317; 1956, c. 173; 1979, c. 513, \u00a7\n38.1-327.3; 1982, c. 264; 1983, c. 480; 1986, c. 562; 1987, cc. 519, 521; 2001,\nc. 706.","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}}