{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1834.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1834.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1834.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1834.1.html"}],"law_id":56315,"edition_id":1,"section_id":56315,"structure_id":13204,"section_number":"38.2-1834.1","catch_line":"Notification to Commission of termination; notice to agent; immunities; confidentiality; penalties","history":"2001, c. 706; 2002, c. 296; 2008, c. 303; 2025, c. 481.","full_text":"A\n\nIf an insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with an agent or other licensee under this chapter for a reason set forth in § 38.2-1831 or the insurer has knowledge that the agent was found by a court, government body, or legally authorized self-regulatory organization to have engaged in any of the prohibited conduct described in §§ 38.2-1356, 38.2-1363, 38.2-1831, or 38.2-1843, the insurer or authorized representative shall certify in writing to the Commission within 30 calendar days following the termination the reason for such termination. Upon the request of the Commission, the insurer or authorized representative shall provide additional information, documents, records, or other data pertaining to the termination or activity of the agent or other licensee.B\n\nThe insurer or the authorized representative of the insurer shall promptly notify the Commission in a format acceptable to the Commission if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the Commission in accordance with subsection A had the insurer then known of its existence.C\n\n1. Within 15 calendar days after making the notification required by subsections A and B, the insurer shall mail a copy of the notification to the agent at his last known address pursuant to the insurer’s records. If the agent is terminated for cause for any of the reasons listed in \u00a7 38.2-1831, the insurer shall provide a copy of the notification to the agent at his last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.2\n\nWithin 30 calendar days after the agent has received the original or additional notification, the agent may file written comments concerning the substance of the notification with the Commission in the form and manner required by the Commission. The agent shall, by the same means, simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the Commission’s file and accompany every copy of a report distributed or disclosed for any reason about the agent as permitted under subsection D.D\n\n1. In the absence of actual malice, an insurer, the authorized representative of the insurer, a producer, the Commission, authorized representatives of the Commission, the NAIC, its affiliates or subsidiaries, or state, federal, and international law-enforcement authorities shall not be subject to civil liability, and a civil cause of action of any nature shall not arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to this section or any information relating to any statement that may be requested in writing by the Commission, from an insurer or agent, or a statement by a terminating insurer or agent to an insurer or agent limited solely and exclusively to whether a termination for cause under subsection A was reported to the Commission, provided that the propriety of any termination for cause under subsection A is certified in writing, pursuant to subsection A, by an officer or authorized representative of the insurer or agent terminating the relationship.2\n\nIn any action brought against a person that may have immunity under subdivision 1 for making any statement required by this section or providing any information relating to any statement that may be requested by the Commission, the party bringing the action shall plead specifically in any allegation that subdivision 1 does not apply because the person making the statement or providing the information did so with actual malice.3\n\nSubdivision 1 or 2 shall not abrogate or modify any existing statutory or common law privileges or immunities.E\n\n1. Any documents, materials, or other information in the control or possession of the Commission that is furnished by an insurer, an agent, or an employee thereof acting on behalf of the insurer or agent, or obtained by the Commission in an investigation pursuant to this chapter shall be confidential by law and privileged, shall not be subject to inspection or review by the general public, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Commission is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commission’s duties.2\n\nNeither the Commission nor any person who received documents, materials, or other information while acting under the authority of the Commission shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subdivision 1.3\n\nIn order to assist in the performance of the Commission’s duties under this chapter, the Commission:\n\t\t\t\ta. May share documents, material, or other information, including the confidential and privileged documents, materials, or information subject to subdivision 1, with other state, federal, and international regulatory agencies, with the NAIC, its affiliates or subsidiaries, and with local, state, federal, and international law-enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information.\n\t\t\t\tb. May receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC, its affiliates or subsidiaries, and from regulatory and law-enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.4\n\nNo waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commission under this section or as a result of sharing as authorized in subdivision 3.5\n\nNothing in this chapter shall prohibit the Commission from releasing final, adjudicated actions, including for cause terminations that are open to public inspection pursuant to Chapter 4 (§ 12.1-18 et seq.) of Title 12.1 to a database or other clearinghouse service maintained by the NAIC, its affiliates, or subsidiaries of the NAIC.F\n\nAn insurer, the authorized representative of the insurer, or agent that fails to report as required under the provisions of this section or that is found to have reported with actual malice by a court of competent jurisdiction may, after notice and an opportunity to be heard, have its license or certificate of authority suspended or revoked and may be fined in accordance with Chapter 2 (§ 38.2-200 et seq.).","order_by":null,"text":{"0":{"id":206246,"text":"If an insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with an agent or other licensee under this chapter for a reason set forth in § 38.2-1831 or the insurer has knowledge that the agent was found by a court, government body, or legally authorized self-regulatory organization to have engaged in any of the prohibited conduct described in §§ 38.2-1356, 38.2-1363, 38.2-1831, or 38.2-1843, the insurer or authorized representative shall certify in writing to the Commission within 30 calendar days following the termination the reason for such termination. Upon the request of the Commission, the insurer or authorized representative shall provide additional information, documents, records, or other data pertaining to the termination or activity of the agent or other licensee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206247,"text":"The insurer or the authorized representative of the insurer shall promptly notify the Commission in a format acceptable to the Commission if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the Commission in accordance with subsection A had the insurer then known of its existence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206248,"text":"1. Within 15 calendar days after making the notification required by subsections A and B, the insurer shall mail a copy of the notification to the agent at his last known address pursuant to the insurer’s records. If the agent is terminated for cause for any of the reasons listed in \u00a7 38.2-1831, the insurer shall provide a copy of the notification to the agent at his last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":206249,"text":"Within 30 calendar days after the agent has received the original or additional notification, the agent may file written comments concerning the substance of the notification with the Commission in the form and manner required by the Commission. The agent shall, by the same means, simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the Commission’s file and accompany every copy of a report distributed or disclosed for any reason about the agent as permitted under subsection D.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"4":{"id":206250,"text":"1. In the absence of actual malice, an insurer, the authorized representative of the insurer, a producer, the Commission, authorized representatives of the Commission, the NAIC, its affiliates or subsidiaries, or state, federal, and international law-enforcement authorities shall not be subject to civil liability, and a civil cause of action of any nature shall not arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to this section or any information relating to any statement that may be requested in writing by the Commission, from an insurer or agent, or a statement by a terminating insurer or agent to an insurer or agent limited solely and exclusively to whether a termination for cause under subsection A was reported to the Commission, provided that the propriety of any termination for cause under subsection A is certified in writing, pursuant to subsection A, by an officer or authorized representative of the insurer or agent terminating the relationship.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D2"},"5":{"id":206251,"text":"In any action brought against a person that may have immunity under subdivision 1 for making any statement required by this section or providing any information relating to any statement that may be requested by the Commission, the party bringing the action shall plead specifically in any allegation that subdivision 1 does not apply because the person making the statement or providing the information did so with actual malice.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"D3"},"6":{"id":206252,"text":"Subdivision 1 or 2 shall not abrogate or modify any existing statutory or common law privileges or immunities.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":206253,"text":"1. Any documents, materials, or other information in the control or possession of the Commission that is furnished by an insurer, an agent, or an employee thereof acting on behalf of the insurer or agent, or obtained by the Commission in an investigation pursuant to this chapter shall be confidential by law and privileged, shall not be subject to inspection or review by the general public, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Commission is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commission’s duties.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"E2"},"8":{"id":206254,"text":"Neither the Commission nor any person who received documents, materials, or other information while acting under the authority of the Commission shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subdivision 1.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E","next_prefix":"E3"},"9":{"id":206255,"text":"In order to assist in the performance of the Commission’s duties under this chapter, the Commission:\n\t\t\t\ta. May share documents, material, or other information, including the confidential and privileged documents, materials, or information subject to subdivision 1, with other state, federal, and international regulatory agencies, with the NAIC, its affiliates or subsidiaries, and with local, state, federal, and international law-enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information.\n\t\t\t\tb. May receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC, its affiliates or subsidiaries, and from regulatory and law-enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"10":{"id":206256,"text":"No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commission under this section or as a result of sharing as authorized in subdivision 3.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"11":{"id":206257,"text":"Nothing in this chapter shall prohibit the Commission from releasing final, adjudicated actions, including for cause terminations that are open to public inspection pursuant to Chapter 4 (§ 12.1-18 et seq.) of Title 12.1 to a database or other clearinghouse service maintained by the NAIC, its affiliates, or subsidiaries of the NAIC.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"F"},"12":{"id":206258,"text":"An insurer, the authorized representative of the insurer, or agent that fails to report as required under the provisions of this section or that is found to have reported with actual malice by a court of competent jurisdiction may, after notice and an opportunity to be heard, have its license or certificate of authority suspended or revoked and may be fined in accordance with Chapter 2 (§ 38.2-200 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E5"}},"ancestry":[{"id":13204,"edition_id":1,"name":"Licensing and Appointment of Agents","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":212513,"object_type":"structure","relational_id":13204,"identifier":"3","token":"38.2\/18\/3","url":"\/38.2\/18\/3\/","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":60216,"structure_id":13204,"section_number":"38.2-1819","catch_line":"Application for license; fee required; fingerprints","url":"\/38.2-1819\/","token":"38.2\/18\/3\/38.2-1819","metadata":false},{"id":63121,"structure_id":13204,"section_number":"38.2-1820","catch_line":"Issuance of license","url":"\/38.2-1820\/","token":"38.2\/18\/3\/38.2-1820","metadata":false},{"id":73583,"structure_id":13204,"section_number":"38.2-1821","catch_line":"Revocation, etc., of license revokes appointment","url":"\/38.2-1821\/","token":"38.2\/18\/3\/38.2-1821","metadata":false},{"id":62300,"structure_id":13204,"section_number":"38.2-1821.1","catch_line":"Exceptions to licensing","url":"\/38.2-1821.1\/","token":"38.2\/18\/3\/38.2-1821.1","metadata":false},{"id":84445,"structure_id":13204,"section_number":"38.2-1822","catch_line":"License required of individual and business entity agents; individual acting for business entity licensee","url":"\/38.2-1822\/","token":"38.2\/18\/3\/38.2-1822","metadata":false},{"id":79658,"structure_id":13204,"section_number":"38.2-1823","catch_line":"Penalty for acting for insurer, joint underwriting association, etc., when not licensed","url":"\/38.2-1823\/","token":"38.2\/18\/3\/38.2-1823","metadata":false},{"id":55686,"structure_id":13204,"section_number":"38.2-1824","catch_line":"Kinds of agents' licenses and appointments issued","url":"\/38.2-1824\/","token":"38.2\/18\/3\/38.2-1824","metadata":false},{"id":54349,"structure_id":13204,"section_number":"38.2-1825","catch_line":"Duration and termination of licenses and appointments","url":"\/38.2-1825\/","token":"38.2\/18\/3\/38.2-1825","metadata":false},{"id":84643,"structure_id":13204,"section_number":"38.2-1825.1","catch_line":"Renewal application and fee; compliance with continuing education requirements; reinstatement; waiver","url":"\/38.2-1825.1\/","token":"38.2\/18\/3\/38.2-1825.1","metadata":false},{"id":68596,"structure_id":13204,"section_number":"38.2-1826","catch_line":"Requirement to report to Commission","url":"\/38.2-1826\/","token":"38.2\/18\/3\/38.2-1826","metadata":false},{"id":54213,"structure_id":13204,"section_number":"38.2-1827","catch_line":"Appointment may include one or more classes of insurance","url":"\/38.2-1827\/","token":"38.2\/18\/3\/38.2-1827","metadata":false},{"id":75319,"structure_id":13204,"section_number":"38.2-1828","catch_line":"Selling accident and sickness insurance","url":"\/38.2-1828\/","token":"38.2\/18\/3\/38.2-1828","metadata":false},{"id":79474,"structure_id":13204,"section_number":"38.2-1829","catch_line":"Repealed","url":"\/38.2-1829\/","token":"38.2\/18\/3\/38.2-1829","metadata":false},{"id":65697,"structure_id":13204,"section_number":"38.2-1830","catch_line":"Temporary licenses and appointments; when issued","url":"\/38.2-1830\/","token":"38.2\/18\/3\/38.2-1830","metadata":false},{"id":75184,"structure_id":13204,"section_number":"38.2-1831","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1831\/","token":"38.2\/18\/3\/38.2-1831","metadata":false},{"id":72773,"structure_id":13204,"section_number":"38.2-1832","catch_line":"Refusal to issue and revocation of license; hearing; new application","url":"\/38.2-1832\/","token":"38.2\/18\/3\/38.2-1832","metadata":false},{"id":56139,"structure_id":13204,"section_number":"38.2-1833","catch_line":"Appointments of agents","url":"\/38.2-1833\/","token":"38.2\/18\/3\/38.2-1833","metadata":false},{"id":75796,"structure_id":13204,"section_number":"38.2-1834","catch_line":"Duration of appointment; annual renewal of agent's appointment","url":"\/38.2-1834\/","token":"38.2\/18\/3\/38.2-1834","metadata":false},{"id":56315,"structure_id":13204,"section_number":"38.2-1834.1","catch_line":"Notification to Commission of termination; notice to agent; immunities; confidentiality; penalties","url":"\/38.2-1834.1\/","token":"38.2\/18\/3\/38.2-1834.1","metadata":false},{"id":60737,"structure_id":13204,"section_number":"38.2-1835","catch_line":"Failure to appoint","url":"\/38.2-1835\/","token":"38.2\/18\/3\/38.2-1835","metadata":false},{"id":67300,"structure_id":13204,"section_number":"38.2-1836","catch_line":"Licensing nonresidents; reciprocal agreements with other states and Canadian provinces","url":"\/38.2-1836\/","token":"38.2\/18\/3\/38.2-1836","metadata":false},{"id":74099,"structure_id":13204,"section_number":"38.2-1836.1","catch_line":"Authority of Commission to delegate certain functions","url":"\/38.2-1836.1\/","token":"38.2\/18\/3\/38.2-1836.1","metadata":false}],"previous_section":{"id":75796,"structure_id":13204,"section_number":"38.2-1834","catch_line":"Duration of appointment; annual renewal of agent's appointment","url":"\/38.2-1834\/","token":"38.2\/18\/3\/38.2-1834","metadata":false},"next_section":{"id":60737,"structure_id":13204,"section_number":"38.2-1835","catch_line":"Failure to appoint","url":"\/38.2-1835\/","token":"38.2\/18\/3\/38.2-1835","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1834.1\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 706<\/a> 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. It has been modified 3 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 2002, chapter 296<\/a>; in 2008, chapter 303<\/a>; in 2025, chapter 481<\/a>.<\/p>","references":[{"id":75796,"section_number":"38.2-1834","catch_line":"Duration of appointment; annual renewal of agent's appointment","order_by":null,"url":"\/38.2-1834\/"}],"refers_to":[{"id":69063,"section_number":"12.1-18","catch_line":"Subordinates and employees to be appointed to serve at pleasure of Commission","order_by":null,"url":"\/12.1-18\/"},{"id":59046,"section_number":"38.2-1356","catch_line":"Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1356\/"},{"id":83354,"section_number":"38.2-1363","catch_line":"Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1363\/"},{"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":73546,"section_number":"38.2-1843","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation or suspension of license","order_by":null,"url":"\/38.2-1843\/"},{"id":84875,"section_number":"38.2-200","catch_line":"General powers of the Commission relative to insurance","order_by":null,"url":"\/38.2-200\/"}],"permalink":{"id":212587,"object_type":"law","relational_id":56315,"identifier":"38.2-1834.1","token":"38.2\/18\/3\/38.2-1834.1","url":"\/38.2-1834.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1834.1\/","token":"38.2\/18\/3\/38.2-1834.1","dublin_core":{"Title":"Notification to Commission of termination; notice to agent; immunities; confidentiality; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1834.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If an insurer<\/span> or authorized representative of the insurer<\/span> that terminates<\/span> the appointment, employment, contract<\/span>, or other insurance<\/span> business relationship with an agent or other licensee under this chapter for a reason set forth in § 38.2-1831<\/a> or the insurer<\/span> has knowledge that the agent was found by a court<\/span>, government body, or legally authorized self-regulatory organization to have engaged in any of the prohibited conduct described in §§ 38.2-1356<\/a>, 38.2-1363<\/a>, 38.2-1831<\/a>, or 38.2-1843<\/a>, the insurer<\/span> or authorized representative shall certify in writing to the Commission<\/span> within 30 calendar days following the termination the reason for such termination. Upon the request of the Commission<\/span>, the insurer<\/span> or authorized representative shall provide additional information, documents, records, or other data pertaining to the termination or activity of the agent or other licensee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The insurer<\/span> or the authorized representative of the insurer<\/span> shall promptly notify the Commission<\/span> in a format acceptable to the Commission<\/span> if, upon further review or investigation, the insurer<\/span> discovers additional information that would have been reportable to the Commission<\/span> in accordance with subsection A had the insurer<\/span> then known of its existence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. Within 15 calendar days after making the notification required by subsections A and B, the insurer<\/span> shall mail a copy of the notification to the agent at his last known address pursuant to the insurer<\/span>’s records. If the agent is terminated for cause for any of the reasons listed in \u00a7 38.2-1831<\/a>, the insurer<\/span> shall provide a copy of the notification to the agent at his last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Within 30 calendar days after the agent has received the original or additional notification, the agent may file written comments concerning the substance of the notification with the Commission<\/span> in the form and manner required by the Commission<\/span>. The agent shall, by the same means, simultaneously send a copy of the comments to the reporting insurer<\/span>, and the comments shall become a part of the Commission<\/span>’s file and accompany every copy of a report distributed or disclosed for any reason about the agent as permitted under subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 1. In the absence of actual malice<\/span>, an insurer<\/span>, the authorized representative of the insurer<\/span>, a producer, the Commission<\/span>, authorized representatives of the Commission<\/span>, the NAIC<\/span>, its affiliates or subsidiaries, or state<\/span>, federal, and international law<\/span>-enforcement authorities shall not be subject to civil liability, and a civil cause of action<\/span> of any nature shall not arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to this section or any information relating to any statement that may be requested in writing by the Commission<\/span>, from an insurer<\/span> or agent, or a statement by a terminating insurer<\/span> or agent to an insurer<\/span> or agent limited solely and exclusively to whether a termination for cause under subsection A was reported to the Commission<\/span>, provided that the propriety of any termination for cause under subsection A is certified in writing, pursuant to subsection A, by an officer or authorized representative of the insurer<\/span> or agent terminating the relationship. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In any action brought against a person<\/span> that may have immunity under subdivision 1 for making any statement required by this section or providing any information relating to any statement that may be requested by the Commission<\/span>, the party<\/span> bringing the action shall plead specifically in any allegation<\/span> that subdivision 1 does not apply because the person<\/span> making the statement or providing the information did so with actual malice<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Subdivision 1 or 2 shall not abrogate or modify any existing statutory or common law<\/span> privileges<\/span> or immunities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 1. Any documents, materials<\/span>, or other information in the control or possession<\/span> of the Commission<\/span> that is furnished by an insurer<\/span>, an agent, or an employee thereof acting on behalf of the insurer<\/span> or agent, or obtained by the Commission<\/span> in an investigation pursuant to this chapter shall be confidential by law and privileged, shall not be subject to inspection or review by the general public, shall not be subject to subpoena<\/span>, and shall not be subject to discovery<\/span> or admissible<\/span> in evidence<\/span> in any private civil action<\/span>. However, the Commission<\/span> is authorized to use the documents, materials<\/span>, or other information in the furtherance of any regulatory or legal action brought as a part of the Commission<\/span>’s duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Neither the Commission<\/span> nor any person<\/span> who received documents, materials<\/span>, or other information while acting under the authority of the Commission<\/span> shall be permitted or required to testify in any private civil action<\/span> concerning any confidential documents, materials<\/span>, or information subject to subdivision 1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In order<\/span> to assist in the performance of the Commission<\/span>’s duties under this chapter, the Commission<\/span>:\n\t\t\t\ta. May share documents, material<\/span>, or other information, including the confidential and privileged documents, materials<\/span>, or information subject to subdivision 1, with other state<\/span>, federal, and international regulatory agencies, with the NAIC<\/span>, its affiliates or subsidiaries, and with local, state<\/span>, federal, and international law-enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material<\/span>, or other information.\n\t\t\t\tb. May receive documents, materials<\/span>, or information, including otherwise confidential and privileged documents, materials<\/span>, or information, from the NAIC<\/span>, its affiliates or subsidiaries, and from regulatory and law-enforcement officials of other foreign or domestic jurisdictions<\/span>, and shall maintain as confidential or privileged any document, material<\/span>, or information received with notice or the understanding that it is confidential or privileged under the laws<\/span> of the jurisdiction<\/span> that is the source of the document, material<\/span>, or information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No waiver<\/span> of any applicable privilege<\/span> or claim of confidentiality in the documents, materials<\/span>, or information shall occur as a result of disclosure to the Commission<\/span> under this section or as a result of sharing as authorized in subdivision 3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Nothing in this chapter shall prohibit the Commission<\/span> from releasing final, adjudicated actions, including for cause terminations that are open to public inspection pursuant to Chapter 4 (§ 12.1-18<\/a> et seq.) of Title 12.1 to a database or other clearinghouse service maintained by the NAIC<\/span>, its affiliates, or subsidiaries of the NAIC<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An insurer<\/span>, the authorized representative of the insurer<\/span>, or agent that fails to report as required under the provisions of this section or that is found to have reported with actual malice<\/span> by a court<\/span> of competent jurisdiction<\/span> may, after notice and an opportunity to be heard, have its license<\/span> or certificate of authority suspended or revoked and may be fined in accordance with Chapter 2 (§ 38.2-200<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTIFICATION TO COMMISSION OF TERMINATION; NOTICE TO AGENT; IMMUNITIES;\nCONFIDENTIALITY; PENALTIES (\u00a7 38.2-1834.1)\n\nA. If an insurer or authorized representative of the insurer that terminates the\nappointment, employment, contract, or other insurance business relationship with\nan agent or other licensee under this chapter for a reason set forth in §\n38.2-1831 or the insurer has knowledge that the agent was found by a court,\ngovernment body, or legally authorized self-regulatory organization to have\nengaged in any of the prohibited conduct described in §§ 38.2-1356,\n38.2-1363, 38.2-1831, or 38.2-1843, the insurer or authorized representative\nshall certify in writing to the Commission within 30 calendar days following the\ntermination the reason for such termination. Upon the request of the Commission,\nthe insurer or authorized representative shall provide additional information,\ndocuments, records, or other data pertaining to the termination or activity of\nthe agent or other licensee.\n\nB. The insurer or the authorized representative of the insurer shall promptly\nnotify the Commission in a format acceptable to the Commission if, upon further\nreview or investigation, the insurer discovers additional information that would\nhave been reportable to the Commission in accordance with subsection A had the\ninsurer then known of its existence.\n\nC. 1. Within 15 calendar days after making the notification required by\nsubsections A and B, the insurer shall mail a copy of the notification to the\nagent at his last known address pursuant to the insurer’s records. If the\nagent is terminated for cause for any of the reasons listed in \u00a7 38.2-1831, the\ninsurer shall provide a copy of the notification to the agent at his last known\naddress by certified mail, return receipt requested, postage prepaid or by\novernight delivery using a nationally recognized carrier.\n\n 2. Within 30 calendar days after the agent has received the original or\n additional notification, the agent may file written comments concerning the\n substance of the notification with the Commission in the form and manner\n required by the Commission. The agent shall, by the same means, simultaneously\n send a copy of the comments to the reporting insurer, and the comments shall\n become a part of the Commission’s file and accompany every copy of a\n report distributed or disclosed for any reason about the agent as permitted\n under subsection D.\n\nD. 1. In the absence of actual malice, an insurer, the authorized\nrepresentative of the insurer, a producer, the Commission, authorized\nrepresentatives of the Commission, the NAIC, its affiliates or subsidiaries, or\nstate, federal, and international law-enforcement authorities shall not be\nsubject to civil liability, and a civil cause of action of any nature shall not\narise against these entities or their respective agents or employees, as a\nresult of any statement or information required by or provided pursuant to this\nsection or any information relating to any statement that may be requested in\nwriting by the Commission, from an insurer or agent, or a statement by a\nterminating insurer or agent to an insurer or agent limited solely and\nexclusively to whether a termination for cause under subsection A was reported\nto the Commission, provided that the propriety of any termination for cause\nunder subsection A is certified in writing, pursuant to subsection A, by an\nofficer or authorized representative of the insurer or agent terminating the\nrelationship.\n\n 2. In any action brought against a person that may have immunity under\n subdivision 1 for making any statement required by this section or providing\n any information relating to any statement that may be requested by the\n Commission, the party bringing the action shall plead specifically in any\n allegation that subdivision 1 does not apply because the person making the\n statement or providing the information did so with actual malice.\n\n 3. Subdivision 1 or 2 shall not abrogate or modify any existing statutory or\n common law privileges or immunities.\n\nE. 1. Any documents, materials, or other information in the control or\npossession of the Commission that is furnished by an insurer, an agent, or an\nemployee thereof acting on behalf of the insurer or agent, or obtained by the\nCommission in an investigation pursuant to this chapter shall be confidential by\nlaw and privileged, shall not be subject to inspection or review by the general\npublic, shall not be subject to subpoena, and shall not be subject to discovery\nor admissible in evidence in any private civil action. However, the Commission\nis authorized to use the documents, materials, or other information in the\nfurtherance of any regulatory or legal action brought as a part of the\nCommission’s duties.\n\n 2. Neither the Commission nor any person who received documents, materials, or\n other information while acting under the authority of the Commission shall be\n permitted or required to testify in any private civil action concerning any\n confidential documents, materials, or information subject to subdivision 1.\n\n 3. In order to assist in the performance of the Commission’s duties\n under this chapter, the Commission:\n \t\t\t\ta. May share documents, material, or other information, including the\n confidential and privileged documents, materials, or information subject to\n subdivision 1, with other state, federal, and international regulatory\n agencies, with the NAIC, its affiliates or subsidiaries, and with local,\n state, federal, and international law-enforcement authorities, provided that\n the recipient agrees to maintain the confidentiality and privileged status of\n the document, material, or other information.\n \t\t\t\tb. May receive documents, materials, or information, including otherwise\n confidential and privileged documents, materials, or information, from the\n NAIC, its affiliates or subsidiaries, and from regulatory and law-enforcement\n officials of other foreign or domestic jurisdictions, and shall maintain as\n confidential or privileged any document, material, or information received\n with notice or the understanding that it is confidential or privileged under\n the laws of the jurisdiction that is the source of the document, material, or\n information.\n\n 4. No waiver of any applicable privilege or claim of confidentiality in the\n documents, materials, or information shall occur as a result of disclosure to\n the Commission under this section or as a result of sharing as authorized in\n subdivision 3.\n\n 5. Nothing in this chapter shall prohibit the Commission from releasing final,\n adjudicated actions, including for cause terminations that are open to public\n inspection pursuant to Chapter 4 (§ 12.1-18 et seq.) of Title 12.1 to a\n database or other clearinghouse service maintained by the NAIC, its\n affiliates, or subsidiaries of the NAIC.\n\nF. An insurer, the authorized representative of the insurer, or agent that fails\nto report as required under the provisions of this section or that is found to\nhave reported with actual malice by a court of competent jurisdiction may, after\nnotice and an opportunity to be heard, have its license or certificate of\nauthority suspended or revoked and may be fined in accordance with Chapter 2\n(§ 38.2-200 et seq.).\n\nHISTORY: 2001, c. 706; 2002, c. 296; 2008, c. 303; 2025, c. 481.","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}}