{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-803.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-803.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-803.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-803.html"}],"law_id":84413,"edition_id":1,"section_id":84413,"structure_id":12980,"section_number":"38.2-803","catch_line":"Alternate method of service","history":"1952, c. 317, \u00a7 38.1-66; 1986, c. 562.","full_text":"A\n\nService of process or notice in any action, suit or proceeding shall be valid if:1\n\nServed upon any person within this Commonwealth who, in this Commonwealth on behalf of the unlicensed insurer, is (i) soliciting insurance, (ii) making, issuing, or delivering any insurance contract, or (iii) collecting or receiving any premium, membership fee, assessment or other consideration for insurance; and2\n\nA copy of the process or notice is sent within ten days thereafter by registered mail to the unlicensed insurer at its last known principal place of business.B\n\nA post-office receipt showing the sender’s name, and the unlicensed insurer’s name and address, and the plaintiff’s or plaintiff’s attorney’s affidavit of compliance with the procedures set out in subsection A of this section shall be filed with the clerk of the court in which the proceeding is pending on or before the date the unlicensed insurer is required to appear, or within such further time as the court allows.","order_by":null,"text":{"0":{"id":302576,"text":"Service of process or notice in any action, suit or proceeding shall be valid if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":302577,"text":"Served upon any person within this Commonwealth who, in this Commonwealth on behalf of the unlicensed insurer, is (i) soliciting insurance, (ii) making, issuing, or delivering any insurance contract, or (iii) collecting or receiving any premium, membership fee, assessment or other consideration for insurance; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":302578,"text":"A copy of the process or notice is sent within ten days thereafter by registered mail to the unlicensed insurer at its last known principal place of business.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":302579,"text":"A post-office receipt showing the sender’s name, and the unlicensed insurer’s name and address, and the plaintiff’s or plaintiff’s attorney’s affidavit of compliance with the procedures set out in subsection A of this section shall be filed with the clerk of the court in which the proceeding is pending on or before the date the unlicensed insurer is required to appear, or within such further time as the court allows.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"ancestry":[{"id":12980,"edition_id":1,"name":"Unlicensed Insurers Process","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12979,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":218477,"object_type":"structure","relational_id":12980,"identifier":"1","token":"38.2\/8\/1","url":"\/38.2\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12979,"edition_id":1,"name":"Service of Process","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":218475,"object_type":"structure","relational_id":12979,"identifier":"8","token":"38.2\/8","url":"\/38.2\/8\/","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":54065,"structure_id":12980,"section_number":"38.2-800","catch_line":"Definition","url":"\/38.2-800\/","token":"38.2\/8\/1\/38.2-800","metadata":false},{"id":80221,"structure_id":12980,"section_number":"38.2-801","catch_line":"What constitutes appointment of agent for service of process","url":"\/38.2-801\/","token":"38.2\/8\/1\/38.2-801","metadata":false},{"id":67923,"structure_id":12980,"section_number":"38.2-802","catch_line":"How process served","url":"\/38.2-802\/","token":"38.2\/8\/1\/38.2-802","metadata":false},{"id":84413,"structure_id":12980,"section_number":"38.2-803","catch_line":"Alternate method of service","url":"\/38.2-803\/","token":"38.2\/8\/1\/38.2-803","metadata":false},{"id":75575,"structure_id":12980,"section_number":"38.2-804","catch_line":"Other legal service not limited","url":"\/38.2-804\/","token":"38.2\/8\/1\/38.2-804","metadata":false},{"id":86778,"structure_id":12980,"section_number":"38.2-805","catch_line":"When judgment may be entered","url":"\/38.2-805\/","token":"38.2\/8\/1\/38.2-805","metadata":false},{"id":72642,"structure_id":12980,"section_number":"38.2-806","catch_line":"Defense of action by unlicensed insurer","url":"\/38.2-806\/","token":"38.2\/8\/1\/38.2-806","metadata":false},{"id":71622,"structure_id":12980,"section_number":"38.2-807","catch_line":"Attorney fees","url":"\/38.2-807\/","token":"38.2\/8\/1\/38.2-807","metadata":false}],"previous_section":{"id":67923,"structure_id":12980,"section_number":"38.2-802","catch_line":"How process served","url":"\/38.2-802\/","token":"38.2\/8\/1\/38.2-802","metadata":false},"next_section":{"id":75575,"structure_id":12980,"section_number":"38.2-804","catch_line":"Other legal service not limited","url":"\/38.2-804\/","token":"38.2\/8\/1\/38.2-804","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-803\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 317 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. Unfortunately, the 1952 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1986, chapter 562.<\/p>","references":[{"id":86778,"section_number":"38.2-805","catch_line":"When judgment may be entered","order_by":null,"url":"\/38.2-805\/"},{"id":72642,"section_number":"38.2-806","catch_line":"Defense of action by unlicensed insurer","order_by":null,"url":"\/38.2-806\/"}],"refers_to":false,"permalink":{"id":218491,"object_type":"law","relational_id":84413,"identifier":"38.2-803","token":"38.2\/8\/1\/38.2-803","url":"\/38.2-803\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-803\/","token":"38.2\/8\/1\/38.2-803","dublin_core":{"Title":"Alternate method of service","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-803","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Service of process<\/span> or notice in any action, suit or proceeding shall be valid if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Served upon any person<\/span> within this Commonwealth who, in this Commonwealth on behalf of the unlicensed insurer<\/span>, is (i) soliciting insurance<\/span>, (ii) making, issuing, or delivering any insurance<\/span> contract<\/span>, or (iii) collecting or receiving any premium, membership fee, assessment or other consideration for insurance<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A copy of the process or notice is sent within ten days thereafter by registered mail to the unlicensed insurer<\/span> at its last known principal place of business. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A post-office receipt showing the sender’s name, and the unlicensed insurer<\/span>’s name and address, and the plaintiff<\/span>’s or plaintiff<\/span>’s attorney’s affidavit<\/span> of compliance with the procedures set out in subsection A of this section shall be filed with the clerk of the court<\/span> in which the proceeding is pending on or before the date the unlicensed insurer<\/span> is required to appear, or within such further time as the court<\/span> allows. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALTERNATE METHOD OF SERVICE (\u00a7 38.2-803)\n\nA. Service of process or notice in any action, suit or proceeding shall be valid\nif:\n\n 1. Served upon any person within this Commonwealth who, in this Commonwealth\n on behalf of the unlicensed insurer, is (i) soliciting insurance, (ii) making,\n issuing, or delivering any insurance contract, or (iii) collecting or\n receiving any premium, membership fee, assessment or other consideration for\n insurance; and\n\n 2. A copy of the process or notice is sent within ten days thereafter by\n registered mail to the unlicensed insurer at its last known principal place of\n business.\n\nB. A post-office receipt showing the sender’s name, and the unlicensed\ninsurer’s name and address, and the plaintiff’s or plaintiff’s\nattorney’s affidavit of compliance with the procedures set out in\nsubsection A of this section shall be filed with the clerk of the court in which\nthe proceeding is pending on or before the date the unlicensed insurer is\nrequired to appear, or within such further time as the court allows.\n\nHISTORY: 1952, c. 317, \u00a7 38.1-66; 1986, c. 562.","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}}