{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1845.20.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1845.20.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1845.20.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1845.20.html"}],"law_id":61033,"edition_id":1,"section_id":61033,"structure_id":14212,"section_number":"38.2-1845.20","catch_line":"Immunities; confidentiality","history":"2012, cc. 734, 735.","full_text":"A\n\nAny documents, materials, or other information in the control or possession of the Commission that is furnished by an insurer, agent, or public adjuster or by an employee thereof acting on behalf of the insurer, agent, or public adjuster or obtained by the Commission in an investigation pursuant to this article 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.B\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 subsection A.C\n\nIn order to assist in the performance of the Commission’s duties under this chapter, the Commission:1\n\nMay share documents, material, or other information, including the confidential and privileged documents, materials, or information subject to subsection A, with other state, federal, and international regulatory agencies; 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.2\n\nMay 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.D\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 subsection C.E\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.","order_by":null,"text":{"0":{"id":223170,"text":"Any documents, materials, or other information in the control or possession of the Commission that is furnished by an insurer, agent, or public adjuster or by an employee thereof acting on behalf of the insurer, agent, or public adjuster or obtained by the Commission in an investigation pursuant to this article 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":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223171,"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 subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":223172,"text":"In order to assist in the performance of the Commission’s duties under this chapter, the Commission:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":223173,"text":"May share documents, material, or other information, including the confidential and privileged documents, materials, or information subject to subsection A, with other state, federal, and international regulatory agencies; 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.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":223174,"text":"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":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":223175,"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 subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":223176,"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14212,"edition_id":1,"name":"Licensing of Public Adjusters","identifier":"4.1","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:47:17","date_modified":"2026-06-26 03:47:17","permalink":{"id":212641,"object_type":"structure","relational_id":14212,"identifier":"4.1","token":"38.2\/18\/4.1","url":"\/38.2\/18\/4.1\/","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":58484,"structure_id":14212,"section_number":"38.2-1845.1","catch_line":"Definitions","url":"\/38.2-1845.1\/","token":"38.2\/18\/4.1\/38.2-1845.1","metadata":false},{"id":73810,"structure_id":14212,"section_number":"38.2-1845.10","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1845.10\/","token":"38.2\/18\/4.1\/38.2-1845.10","metadata":false},{"id":87101,"structure_id":14212,"section_number":"38.2-1845.11","catch_line":"Termination, suspension, or revocation of license","url":"\/38.2-1845.11\/","token":"38.2\/18\/4.1\/38.2-1845.11","metadata":false},{"id":75278,"structure_id":14212,"section_number":"38.2-1845.12","catch_line":"Standards of conduct for public adjusters","url":"\/38.2-1845.12\/","token":"38.2\/18\/4.1\/38.2-1845.12","metadata":false},{"id":67841,"structure_id":14212,"section_number":"38.2-1845.13","catch_line":"Contract between public adjuster and insured","url":"\/38.2-1845.13\/","token":"38.2\/18\/4.1\/38.2-1845.13","metadata":false},{"id":76560,"structure_id":14212,"section_number":"38.2-1845.14","catch_line":"Fees","url":"\/38.2-1845.14\/","token":"38.2\/18\/4.1\/38.2-1845.14","metadata":false},{"id":80102,"structure_id":14212,"section_number":"38.2-1845.15","catch_line":"Record 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adjusters","url":"\/38.2-1845.2\/","token":"38.2\/18\/4.1\/38.2-1845.2","metadata":false},{"id":61033,"structure_id":14212,"section_number":"38.2-1845.20","catch_line":"Immunities; confidentiality","url":"\/38.2-1845.20\/","token":"38.2\/18\/4.1\/38.2-1845.20","metadata":false},{"id":77035,"structure_id":14212,"section_number":"38.2-1845.21","catch_line":"Authority of Commission to delegate certain functions","url":"\/38.2-1845.21\/","token":"38.2\/18\/4.1\/38.2-1845.21","metadata":false},{"id":62705,"structure_id":14212,"section_number":"38.2-1845.22","catch_line":"Power of Commission to investigate affairs of persons engaged in the business of public adjusting; penalties for refusal to permit investigation","url":"\/38.2-1845.22\/","token":"38.2\/18\/4.1\/38.2-1845.22","metadata":false},{"id":65504,"structure_id":14212,"section_number":"38.2-1845.23","catch_line":"False information and advertising generally","url":"\/38.2-1845.23\/","token":"38.2\/18\/4.1\/38.2-1845.23","metadata":false},{"id":55407,"structure_id":14212,"section_number":"38.2-1845.3","catch_line":"Exemptions from article","url":"\/38.2-1845.3\/","token":"38.2\/18\/4.1\/38.2-1845.3","metadata":false},{"id":70584,"structure_id":14212,"section_number":"38.2-1845.4","catch_line":"Examinations","url":"\/38.2-1845.4\/","token":"38.2\/18\/4.1\/38.2-1845.4","metadata":false},{"id":65937,"structure_id":14212,"section_number":"38.2-1845.5","catch_line":"Licensing nonresidents; reciprocal agreements with other states and Canadian provinces","url":"\/38.2-1845.5\/","token":"38.2\/18\/4.1\/38.2-1845.5","metadata":false},{"id":86867,"structure_id":14212,"section_number":"38.2-1845.6","catch_line":"Individual moving into the Commonwealth from another state or Canadian province","url":"\/38.2-1845.6\/","token":"38.2\/18\/4.1\/38.2-1845.6","metadata":false},{"id":62133,"structure_id":14212,"section_number":"38.2-1845.7","catch_line":"Refusal to issue; hearing; new application","url":"\/38.2-1845.7\/","token":"38.2\/18\/4.1\/38.2-1845.7","metadata":false},{"id":59250,"structure_id":14212,"section_number":"38.2-1845.8","catch_line":"Renewal application and fee; reinstatement; waiver","url":"\/38.2-1845.8\/","token":"38.2\/18\/4.1\/38.2-1845.8","metadata":false},{"id":67352,"structure_id":14212,"section_number":"38.2-1845.9","catch_line":"Repealed","url":"\/38.2-1845.9\/","token":"38.2\/18\/4.1\/38.2-1845.9","metadata":false}],"previous_section":{"id":76889,"structure_id":14212,"section_number":"38.2-1845.2","catch_line":"License required of resident public adjusters","url":"\/38.2-1845.2\/","token":"38.2\/18\/4.1\/38.2-1845.2","metadata":false},"next_section":{"id":77035,"structure_id":14212,"section_number":"38.2-1845.21","catch_line":"Authority of 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This law was first created in 2012. The record of its establishment is cataloged in chapters 734<\/a> and 735<\/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.<\/p>","references":false,"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\/"}],"permalink":{"id":212691,"object_type":"law","relational_id":61033,"identifier":"38.2-1845.20","token":"38.2\/18\/4.1\/38.2-1845.20","url":"\/38.2-1845.20\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1845.20\/","token":"38.2\/18\/4.1\/38.2-1845.20","dublin_core":{"Title":"Immunities; confidentiality","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1845.20","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any documents, materials<\/span>, or other information in the control or possession<\/span> of the Commission<\/span> that is furnished by an insurer<\/span>, agent, or public adjuster<\/span> or by an employee thereof acting on behalf of the insurer<\/span>, agent, or public adjuster<\/span> or obtained by the Commission<\/span> in an investigation pursuant to this article shall be confidential by law<\/span> 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

B.<\/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 subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In order<\/span> to assist in the performance of the Commission<\/span>’s duties under this chapter, the Commission<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> May share documents, material<\/span>, or other information, including the confidential and privileged documents, materials<\/span>, or information subject to subsection A, with other state<\/span>, federal, and international regulatory agencies; the NAIC<\/span>, its affiliates, or subsidiaries; and with local, state<\/span>, federal, and international law<\/span>-enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material<\/span>, or other information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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<\/span>-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

D.<\/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 subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMMUNITIES; CONFIDENTIALITY (\u00a7 38.2-1845.20)\n\nA. Any documents, materials, or other information in the control or possession\nof the Commission that is furnished by an insurer, agent, or public adjuster or\nby an employee thereof acting on behalf of the insurer, agent, or public\nadjuster or obtained by the Commission in an investigation pursuant to this\narticle shall be confidential by law and privileged, shall not be subject to\ninspection or review by the general public, shall not be subject to subpoena,\nand shall not be subject to discovery or admissible in evidence in any private\ncivil action. However, the Commission is authorized to use the documents,\nmaterials, or other information in the furtherance of any regulatory or legal\naction brought as a part of the Commission’s duties.\n\nB. Neither the Commission nor any person who received documents, materials, or\nother information while acting under the authority of the Commission shall be\npermitted or required to testify in any private civil action concerning any\nconfidential documents, materials, or information subject to subsection A.\n\nC. In order to assist in the performance of the Commission’s duties under\nthis chapter, the Commission:\n\n 1. May share documents, material, or other information, including the\n confidential and privileged documents, materials, or information subject to\n subsection A, with other state, federal, and international regulatory\n agencies; the NAIC, its affiliates, or subsidiaries; and with local, state,\n federal, and international law-enforcement authorities, provided that the\n recipient agrees to maintain the confidentiality and privileged status of the\n document, material, or other information.\n\n 2. 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\nD. No waiver of any applicable privilege or claim of confidentiality in the\ndocuments, materials, or information shall occur as a result of disclosure to\nthe Commission under this section or as a result of sharing as authorized in\nsubsection C.\n\nE. Nothing in this chapter shall prohibit the Commission from releasing final,\nadjudicated actions including for cause terminations that are open to public\ninspection pursuant to Chapter 4 (§ 12.1-18 et seq.) of Title 12.1 to a\ndatabase or other clearinghouse service maintained by the NAIC, its affiliates,\nor subsidiaries.\n\nHISTORY: 2012, cc. 734, 735.","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}}