{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-4811.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-4811.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-4811.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-4811.1.html"}],"law_id":64334,"edition_id":1,"section_id":64334,"structure_id":13712,"section_number":"38.2-4811.1","catch_line":"Surplus lines coverage placed with domestic surplus lines insurers","history":"2018, c. 205.","full_text":"A\n\nThe Commission may license pursuant to \u00a7 38.2-1024 an insurer domiciled in the Commonwealth as a domestic surplus lines insurer if all of the following are satisfied:1\n\nThe insurer possesses a policyholder surplus of at least $15 million; and2\n\nThe board of directors of the insurer has passed a resolution seeking to be a domestic surplus lines insurer in the Commonwealth.B\n\nFor the purposes of the federal Nonadmitted and Reinsurance Reform Act of 2010 (15 U.S.C. § 8201 et seq.), a domestic surplus lines insurer shall be considered a nonadmitted insurer as the term is referenced in such Act, with respect to risks insured in the Commonwealth.C\n\nA domestic surplus lines insurer is only authorized to write the types of insurance in the Commonwealth that a surplus lines broker may procure with a nonadmitted insurer approved by the Commission pursuant to § 38.2-4811.D\n\nA domestic surplus lines insurer may only write surplus lines insurance in the Commonwealth where placed by a surplus lines broker pursuant to Chapter 48 (§ 38.2-4805.1 et seq.).E\n\nNotwithstanding any other statute, the policies issued by a domestic surplus lines insurer where the Commonwealth is the home state of the insured shall be subject to taxes and maintenance assessments levied upon surplus lines policies issued by eligible nonadmitted insurers pursuant to §§ 38.2-4809 and 38.2-4809.1 but shall not be subject to other taxes levied upon admitted insurers, whether domestic or foreign, pursuant to Chapter 25 (§ 58.1-2500 et seq.) of Title 58.1.F\n\nPolicies issued by a domestic surplus lines insurer are not subject to protections of or other provisions of the Virginia Property and Casualty Insurance Guaranty Association established under Chapter 16 (§ 38.2-1600 et seq.).G\n\nAll financial and solvency requirements imposed by the Commonwealth’s law upon domestic admitted insurers shall apply to domestic surplus lines insurers unless domestic surplus lines insurers are otherwise specifically exempted. For the purposes of handling the rehabilitation, liquidation, or conservation of a domestic surplus lines insurer, the provisions of Chapter 15 (§ 38.2-1500 et seq.) shall apply.H\n\nPolicies issued by a domestic surplus lines insurer shall be exempt from all statutory requirements relating to insurance rating plans, policy forms, policy cancellation and nonrenewal, and premium charged to the insured in the same manner and to the same extent as a nonadmitted insurer domiciled in another state.","order_by":null,"text":{"0":{"id":234128,"text":"The Commission may license pursuant to \u00a7 38.2-1024 an insurer domiciled in the Commonwealth as a domestic surplus lines insurer if all of the following are satisfied:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":234129,"text":"The insurer possesses a policyholder surplus of at least $15 million; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":234130,"text":"The board of directors of the insurer has passed a resolution seeking to be a domestic surplus lines insurer in the Commonwealth.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":234131,"text":"For the purposes of the federal Nonadmitted and Reinsurance Reform Act of 2010 (15 U.S.C. § 8201 et seq.), a domestic surplus lines insurer shall be considered a nonadmitted insurer as the term is referenced in such Act, with respect to risks insured in the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":234132,"text":"A domestic surplus lines insurer is only authorized to write the types of insurance in the Commonwealth that a surplus lines broker may procure with a nonadmitted insurer approved by the Commission pursuant to § 38.2-4811.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":234133,"text":"A domestic surplus lines insurer may only write surplus lines insurance in the Commonwealth where placed by a surplus lines broker pursuant to Chapter 48 (§ 38.2-4805.1 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":234134,"text":"Notwithstanding any other statute, the policies issued by a domestic surplus lines insurer where the Commonwealth is the home state of the insured shall be subject to taxes and maintenance assessments levied upon surplus lines policies issued by eligible nonadmitted insurers pursuant to §§ 38.2-4809 and 38.2-4809.1 but shall not be subject to other taxes levied upon admitted insurers, whether domestic or foreign, pursuant to Chapter 25 (§ 58.1-2500 et seq.) of Title 58.1.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":234135,"text":"Policies issued by a domestic surplus lines insurer are not subject to protections of or other provisions of the Virginia Property and Casualty Insurance Guaranty Association established under Chapter 16 (§ 38.2-1600 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":234136,"text":"All financial and solvency requirements imposed by the Commonwealth’s law upon domestic admitted insurers shall apply to domestic surplus lines insurers unless domestic surplus lines insurers are otherwise specifically exempted. For the purposes of handling the rehabilitation, liquidation, or conservation of a domestic surplus lines insurer, the provisions of Chapter 15 (§ 38.2-1500 et seq.) shall apply.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"9":{"id":234137,"text":"Policies issued by a domestic surplus lines insurer shall be exempt from all statutory requirements relating to insurance rating plans, policy forms, policy cancellation and nonrenewal, and premium charged to the insured in the same manner and to the same extent as a nonadmitted insurer domiciled in another state.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13712,"edition_id":1,"name":"Surplus Lines Insurance Law","identifier":"48","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:37","date_modified":"2026-06-26 03:45:37","permalink":{"id":217289,"object_type":"structure","relational_id":13712,"identifier":"48","token":"38.2\/48","url":"\/38.2\/48\/","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":60794,"structure_id":13712,"section_number":"38.2-4800","catch_line":"Repealed","url":"\/38.2-4800\/","token":"38.2\/48\/38.2-4800","metadata":false},{"id":54697,"structure_id":13712,"section_number":"38.2-4805.1","catch_line":"Application of chapter","url":"\/38.2-4805.1\/","token":"38.2\/48\/38.2-4805.1","metadata":false},{"id":58581,"structure_id":13712,"section_number":"38.2-4805.2","catch_line":"Definitions","url":"\/38.2-4805.2\/","token":"38.2\/48\/38.2-4805.2","metadata":false},{"id":59102,"structure_id":13712,"section_number":"38.2-4806","catch_line":"Notice to insured that insurance is placed with an eligible nonadmitted insurer required","url":"\/38.2-4806\/","token":"38.2\/48\/38.2-4806","metadata":false},{"id":57722,"structure_id":13712,"section_number":"38.2-4807","catch_line":"Licensees to keep records and file annual statement of policies","url":"\/38.2-4807\/","token":"38.2\/48\/38.2-4807","metadata":false},{"id":70999,"structure_id":13712,"section_number":"38.2-4808","catch_line":"Effect of payment to surplus lines broker","url":"\/38.2-4808\/","token":"38.2\/48\/38.2-4808","metadata":false},{"id":78635,"structure_id":13712,"section_number":"38.2-4809","catch_line":"Licensees to pay license taxes on insurers","url":"\/38.2-4809\/","token":"38.2\/48\/38.2-4809","metadata":false},{"id":65701,"structure_id":13712,"section_number":"38.2-4809.1","catch_line":"Licensees to pay assessments on insurers","url":"\/38.2-4809.1\/","token":"38.2\/48\/38.2-4809.1","metadata":false},{"id":62454,"structure_id":13712,"section_number":"38.2-4810","catch_line":"Issuance and delivery of surplus lines policies; prior authority or information required","url":"\/38.2-4810\/","token":"38.2\/48\/38.2-4810","metadata":false},{"id":78847,"structure_id":13712,"section_number":"38.2-4811","catch_line":"Surplus lines coverage to be placed with eligible nonadmitted insurers","url":"\/38.2-4811\/","token":"38.2\/48\/38.2-4811","metadata":false},{"id":64334,"structure_id":13712,"section_number":"38.2-4811.1","catch_line":"Surplus lines coverage placed with domestic surplus lines insurers","url":"\/38.2-4811.1\/","token":"38.2\/48\/38.2-4811.1","metadata":false},{"id":84818,"structure_id":13712,"section_number":"38.2-4812","catch_line":"Surplus lines insurers subject to Unlicensed Insurers Process","url":"\/38.2-4812\/","token":"38.2\/48\/38.2-4812","metadata":false},{"id":80611,"structure_id":13712,"section_number":"38.2-4813","catch_line":"Commission to make rules and regulations","url":"\/38.2-4813\/","token":"38.2\/48\/38.2-4813","metadata":false},{"id":61457,"structure_id":13712,"section_number":"38.2-4814","catch_line":"Penalties","url":"\/38.2-4814\/","token":"38.2\/48\/38.2-4814","metadata":false},{"id":56879,"structure_id":13712,"section_number":"38.2-4815","catch_line":"Effect on other provisions of Title 38.2","url":"\/38.2-4815\/","token":"38.2\/48\/38.2-4815","metadata":false},{"id":74365,"structure_id":13712,"section_number":"38.2-4816","catch_line":"Exchange of information","url":"\/38.2-4816\/","token":"38.2\/48\/38.2-4816","metadata":false}],"previous_section":{"id":78847,"structure_id":13712,"section_number":"38.2-4811","catch_line":"Surplus lines coverage to be placed with eligible nonadmitted insurers","url":"\/38.2-4811\/","token":"38.2\/48\/38.2-4811","metadata":false},"next_section":{"id":84818,"structure_id":13712,"section_number":"38.2-4812","catch_line":"Surplus lines insurers subject to Unlicensed Insurers Process","url":"\/38.2-4812\/","token":"38.2\/48\/38.2-4812","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-4811.1\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 205<\/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":86158,"section_number":"38.2-1024","catch_line":"License required to transact the business of insurance; application fee requirements for license","order_by":null,"url":"\/38.2-1024\/"},{"id":66658,"section_number":"38.2-1500","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-1500\/"},{"id":69368,"section_number":"38.2-1600","catch_line":"Purpose","order_by":null,"url":"\/38.2-1600\/"},{"id":54697,"section_number":"38.2-4805.1","catch_line":"Application of chapter","order_by":null,"url":"\/38.2-4805.1\/"},{"id":78635,"section_number":"38.2-4809","catch_line":"Licensees to pay license taxes on insurers","order_by":null,"url":"\/38.2-4809\/"},{"id":65701,"section_number":"38.2-4809.1","catch_line":"Licensees to pay assessments on insurers","order_by":null,"url":"\/38.2-4809.1\/"},{"id":56221,"section_number":"58.1-2500","catch_line":"Definitions","order_by":null,"url":"\/58.1-2500\/"}],"permalink":{"id":217331,"object_type":"law","relational_id":64334,"identifier":"38.2-4811.1","token":"38.2\/48\/38.2-4811.1","url":"\/38.2-4811.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-4811.1\/","token":"38.2\/48\/38.2-4811.1","dublin_core":{"Title":"Surplus lines coverage placed with domestic surplus lines insurers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-4811.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> may license pursuant to \u00a7 38.2-1024<\/a> an insurer domiciled in the Commonwealth as a domestic surplus lines insurer<\/span> if all of the following are satisfied: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The insurer possesses a policyholder surplus of at least $15 million; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The board of directors of the insurer has passed a resolution seeking to be a domestic surplus lines insurer<\/span> in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of the federal Nonadmitted and Reinsurance Reform Act of 2010 (15 U.S.C. § 8201 et seq.), a domestic surplus lines insurer<\/span> shall be considered a nonadmitted insurer<\/span> as the term is referenced in such Act, with respect to risks insured in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A domestic surplus lines insurer<\/span> is only authorized to write the types of insurance<\/span> in the Commonwealth that a surplus lines broker<\/span> may procure with a nonadmitted insurer<\/span> approved by the Commission<\/span> pursuant to § 38.2-4811<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A domestic surplus lines insurer<\/span> may only write surplus lines insurance<\/span> in the Commonwealth where placed by a surplus lines broker<\/span> pursuant to Chapter 48 (§ 38.2-4805.1<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other statute<\/span>, the policies issued by a domestic surplus lines insurer<\/span> where the Commonwealth is the home state<\/span> of the insured shall be subject to taxes and maintenance assessments levied upon surplus lines policies issued by eligible nonadmitted insurers<\/span> pursuant to §§ 38.2-4809<\/a> and 38.2-4809.1<\/a> but shall not be subject to other taxes levied upon admitted insurers<\/span>, whether domestic or foreign, pursuant to Chapter 25 (§ 58.1-2500<\/a> et seq.) of Title 58.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Policies issued by a domestic surplus lines insurer<\/span> are not subject to protections of or other provisions of the Virginia Property and Casualty Insurance<\/span> Guaranty Association established under Chapter 16 (§ 38.2-1600<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> All financial and solvency requirements imposed by the Commonwealth’s law<\/span> upon domestic admitted insurers<\/span> shall apply to domestic surplus lines insurers<\/span> unless domestic surplus lines insurers<\/span> are otherwise specifically exempted. For the purposes of handling the rehabilitation, liquidation<\/span>, or conservation of a domestic surplus lines insurer<\/span>, the provisions of Chapter 15 (§ 38.2-1500<\/a> et seq.) shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Policies issued by a domestic surplus lines insurer<\/span> shall be exempt from all statutory requirements relating to insurance rating plans, policy forms, policy cancellation and nonrenewal, and premium charged to the insured in the same manner and to the same extent as a nonadmitted insurer<\/span> domiciled in another state. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURPLUS LINES COVERAGE PLACED WITH DOMESTIC SURPLUS LINES INSURERS (\u00a7\n38.2-4811.1)\n\nA. The Commission may license pursuant to \u00a7 38.2-1024 an insurer domiciled in\nthe Commonwealth as a domestic surplus lines insurer if all of the following are\nsatisfied:\n\n 1. The insurer possesses a policyholder surplus of at least $15 million; and\n\n 2. The board of directors of the insurer has passed a resolution seeking to be\n a domestic surplus lines insurer in the Commonwealth.\n\nB. For the purposes of the federal Nonadmitted and Reinsurance Reform Act of\n2010 (15 U.S.C. § 8201 et seq.), a domestic surplus lines insurer shall be\nconsidered a nonadmitted insurer as the term is referenced in such Act, with\nrespect to risks insured in the Commonwealth.\n\nC. A domestic surplus lines insurer is only authorized to write the types of\ninsurance in the Commonwealth that a surplus lines broker may procure with a\nnonadmitted insurer approved by the Commission pursuant to § 38.2-4811.\n\nD. A domestic surplus lines insurer may only write surplus lines insurance in\nthe Commonwealth where placed by a surplus lines broker pursuant to Chapter 48\n(§ 38.2-4805.1 et seq.).\n\nE. Notwithstanding any other statute, the policies issued by a domestic surplus\nlines insurer where the Commonwealth is the home state of the insured shall be\nsubject to taxes and maintenance assessments levied upon surplus lines policies\nissued by eligible nonadmitted insurers pursuant to §§ 38.2-4809 and\n38.2-4809.1 but shall not be subject to other taxes levied upon admitted\ninsurers, whether domestic or foreign, pursuant to Chapter 25 (§ 58.1-2500\net seq.) of Title 58.1.\n\nF. Policies issued by a domestic surplus lines insurer are not subject to\nprotections of or other provisions of the Virginia Property and Casualty\nInsurance Guaranty Association established under Chapter 16 (§ 38.2-1600 et\nseq.).\n\nG. All financial and solvency requirements imposed by the Commonwealth’s\nlaw upon domestic admitted insurers shall apply to domestic surplus lines\ninsurers unless domestic surplus lines insurers are otherwise specifically\nexempted. For the purposes of handling the rehabilitation, liquidation, or\nconservation of a domestic surplus lines insurer, the provisions of Chapter 15\n(§ 38.2-1500 et seq.) shall apply.\n\nH. Policies issued by a domestic surplus lines insurer shall be exempt from all\nstatutory requirements relating to insurance rating plans, policy forms, policy\ncancellation and nonrenewal, and premium charged to the insured in the same\nmanner and to the same extent as a nonadmitted insurer domiciled in another\nstate.\n\nHISTORY: 2018, c. 205.","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}}