                                 CODE OF VIRGINIA

MUTUAL DEBTS OR CREDITS, HOW TREATED (§ 38.2-1515)

A. In all cases of mutual debts or mutual credits between the insurer and
another person in connection with any action or proceeding under this chapter,
the credits and debts shall be set off and the balance only shall be allowed or
paid, except as provided in subsection B of this section.

B. No offset shall be allowed in favor of any person where:

   1. The obligation of the insurer to the person would not entitle him at the
   date of the entry of any rehabilitation or liquidation order to share as a
   claimant in the assets of the insurer;

   2. The obligation of the insurer to the person was purchased by or transferred
   to the person with a view of its being used as an offset; or

   3. The obligation of the person is to pay (i) an assessment levied against the
   members of a mutual insurer or the subscribers of a reciprocal insurer, or
   (ii) a balance upon a subscription to the capital stock of a stock insurer.

HISTORY: 1952, c. 317, § 38.1-139; 1986, c. 562.