                                 CODE OF VIRGINIA

DEFINITIONS (§ 38.2-1800)

As used in this chapter:
		&#8220;Agent,&#8221; &#8220;insurance agent,&#8221; &#8220;producer,&#8221; or
&#8220;insurance producer,&#8221; when used without qualification, means an
individual or business entity that sells, solicits, or negotiates contracts of
insurance or annuity in the Commonwealth.
		&#8220;Appointed agent,&#8221; &#8220;appointed insurance agent,&#8221;
&#8220;appointed producer,&#8221; or &#8220;appointed insurance producer,&#8221;
when used without qualification, means an individual or business entity licensed
in the Commonwealth to sell, solicit, or negotiate contracts of insurance or
annuity of the classes authorized within the scope of such license and who is
appointed by a company licensed in the Commonwealth to sell, solicit, or
negotiate on its behalf contracts of insurance of the classes authorized within
the scope of such license and, if authorized by the company, may collect
premiums on those contracts.
		&#8220;Business entity&#8221; means a partnership, limited partnership,
limited liability company, corporation, or other legal entity other than a sole
proprietorship.
		&#8220;Dental plan organization authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate dental benefit contracts on behalf
of dental plan organizations licensed under Chapter 61 (§ 38.2-6100 et seq.).
		&#8220;Dental services authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate dental services plan contracts on
behalf of dental services plans licensed under Chapter 45 (§ 38.2-4500 et
seq.).
		&#8220;Filed&#8221; means received by the Commission.
		&#8220;Health agent&#8221; means an agent licensed in the Commonwealth to
sell, solicit, or negotiate insurance as defined in §§  38.2-107.2, 38.2-108,
and 38.2-109, and including contracts issued by insurers, health services plans,
health maintenance organizations, dental services plans, optometric services
plans, and dental plan organizations licensed in the Commonwealth.
		&#8220;Home protection insurance authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate home protection insurance as defined
in § 38.2-129 on behalf of insurers licensed in the Commonwealth.
		&#8220;Home state&#8221; means the District of Columbia and any state or
territory of the United States, except Virginia, or any province of Canada, in
which an insurance producer maintains such person&#8217;s principal place of
residence or principal place of business and is licensed by that jurisdiction to
act as a resident insurance producer.
		&#8220;Legal services insurance authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate legal services insurance as defined
in § 38.2-127 on behalf of insurers licensed in the Commonwealth.
		&#8220;License&#8221; means a document issued by the Commission authorizing an
individual or business entity to act as an insurance producer for the lines of
authority specified in the document. Except as provided in § 38.2-1833, the
license itself does not create any authority, actual, apparent or inherent, in
the licensee to represent, commit, or bind an insurer.
		&#8220;Licensed agent,&#8221; &#8220;licensed insurance agent,&#8221;
&#8220;licensed producer,&#8221; or &#8220;licensed insurance producer,&#8221;
when used without qualification, means an individual or business entity licensed
in the Commonwealth to sell, solicit, or negotiate contracts of insurance or
annuity of the classes authorized within the scope of such license.
		&#8220;Life and annuities insurance agent&#8221; means an agent licensed in
the Commonwealth to sell, solicit, or negotiate life insurance and annuity
contracts as defined in §§ 38.2-102, 38.2-103, 38.2-104, 38.2-105.1, 38.2-106,
and 38.2-107.1, respectively, and family leave insurance as defined in §
38.2-107.2, on behalf of insurers licensed in the Commonwealth.
		&#8220;Limited burial insurance authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate burial insurance society membership
where the certificates of membership are used solely to fund preneed funeral
contracts on any individual, on behalf of insurers licensed under Chapter 40 (§
38.2-4000 et seq.); or to represent an association referred to in §
38.2-3318.1, limited to soliciting members of that association for association
group life insurance certificates where the funds are used solely to fund
preneed funeral contracts.
		&#8220;Limited lines credit insurance agent&#8221; means an agent licensed in
the Commonwealth whose authority is restricted to selling, soliciting, or
negotiating, on behalf of insurers licensed in the Commonwealth, one or more of
the following coverages to individuals through a master, corporate, group or
individual policy: (i) credit life insurance and credit accident and sickness
insurance, but only to the extent authorized in Chapter 37.1 (§ 38.2-3717 et
seq.); (ii) credit involuntary unemployment insurance as defined in §
38.2-122.1; (iii) credit property insurance, as defined in § 38.2-122.2; (iv)
mortgage accident and sickness insurance; (v) mortgage redemption insurance;
(vi) mortgage guaranty insurance; and (vii) any other form of insurance offered
in connection with an extension of credit that is limited to partially or wholly
extinguishing that credit obligation and that the Commission specifically
determines may be sold, solicited, or negotiated by those holding a limited
lines credit insurance agent license. Each insurer that sells, solicits or
negotiates any of the coverages set forth in this definition shall provide to
each individual whose duties will include selling, soliciting or negotiating
such coverages a program of instruction that may, at the discretion of the
Commission, be submitted for approval by the Commission or reviewed by the
Commission subsequent to its implementation.
		&#8220;Limited lines life and health agent&#8221; means an individual or
business entity authorized by the Commission whose license authority to sell,
solicit, or negotiate is limited to the following, or any other type of
authority that the Commission may deem it necessary to recognize for the
purposes of complying with § 38.2-1836: dental services authority; limited
burial insurance authority; mutual assessment life and health insurance
authority; optometric services authority; and dental plan organization
authority. Limited lines life and health insurance shall not include life
insurance, health insurance, property insurance, casualty insurance, private
family leave insurance, and title insurance.
		&#8220;Limited lines property and casualty agent&#8221; means an individual or
business entity authorized by the Commission whose license authority to sell,
solicit, or negotiate is limited to the following, or any other type of
authority that the Commission may deem it necessary to recognize for the
purposes of complying with § 38.2-1836: home protection insurance authority;
legal services insurance authority; mutual assessment property and casualty
insurance authority; ocean marine insurance authority; pet accident, sickness
and hospitalization insurance authority; portable electronics insurance
authority; self storage insurance authority; and travel insurance. Unless
otherwise defined, &#8220;limited lines property and casualty insurance&#8221;
shall not include life insurance, health insurance, property insurance, casualty
insurance, private family leave insurance, and title insurance.
		&#8220;Mortgage accident and sickness insurance authority&#8221; means the
authority in the Commonwealth to sell, solicit, or negotiate mortgage accident
and sickness insurance on behalf of insurers licensed in the Commonwealth.
		&#8220;Mortgage guaranty insurance authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate mortgage guaranty insurance on
behalf of insurers licensed in the Commonwealth.
		&#8220;Mortgage redemption insurance authority&#8221; means the authority in
the Commonwealth to sell, solicit, or negotiate mortgage redemption insurance on
behalf of insurers licensed in the Commonwealth. As used in this chapter,
&#8220;mortgage redemption insurance&#8221; means a nonrenewable,
nonconvertible, decreasing term life insurance policy written in connection with
a mortgage transaction for a period of time coinciding with the term of the
mortgage. The initial sum shall not exceed the amount of the indebtedness
outstanding at the time the insurance becomes effective, rounded up to the next
$1,000.
		&#8220;Motor vehicle rental contract enroller&#8221; means an unlicensed
hourly or salaried employee of a motor vehicle rental company that is in the
business of providing primarily private motor vehicles to the public under a
rental agreement for a period of less than six months, and receives no direct or
indirect commission from the insurer, the renter or the vehicle rental company.
		&#8220;Motor vehicle rental contract insurance agent&#8221; means a person who
(i) is a selling agent of a motor vehicle rental company that is in the business
of providing primarily private passenger motor vehicles to the public under a
rental agreement for a period of less than six months and (ii) whose license in
the Commonwealth is restricted to selling, soliciting, or negotiating only the
following insurance coverages, and solely in connection with and incidental to
the rental contract:

1. Personal accident insurance that provides benefits in the event of accidental
death or injury occurring during the rental period;

2. Liability coverage sold to the renter in excess of the rental company&#8217;s
obligations under &#xA7; 38.2-2204, 38.2-2205, or Title 46.2, as applicable;

3. Personal effects insurance that provides coverages for the loss of or damage
to the personal effects of the renter and other vehicle occupants while such
personal effects are in or upon the rental vehicle during the rental period;

4. Roadside assistance and emergency sickness protection programs; and

5. Other travel-related or vehicle-related insurance coverage that a motor
vehicle rental company offers in connection with and incidental to the rental of
vehicles.
			The term &#8220;motor vehicle rental contract insurance agent&#8221; does not
include motor vehicle rental contract enrollers.
			&#8220;Mutual assessment life and health insurance authority&#8221; means the
authority in the Commonwealth to sell, solicit, or negotiate mutual assessment
life and accident and sickness insurance on behalf of insurers licensed under
Chapter 39 (&#xA7; 38.2-3900 et seq.), but only to the extent permitted under
&#xA7; 38.2-3919.
			&#8220;Mutual assessment property and casualty insurance authority&#8221;
means the authority in the Commonwealth to sell, solicit, or negotiate mutual
assessment property and casualty insurance on behalf of insurers licensed under
Chapter 25 (&#xA7; 38.2-2500 et seq.), but only to the extent permitted under
&#xA7; 38.2-2525.
			&#8220;NAIC&#8221; means the National Association of Insurance Commissioners.
			&#8220;Negotiate&#8221; means the act of conferring directly with or offering
advice directly to a purchaser or prospective purchaser of a particular contract
of insurance concerning any of the substantive benefits, terms or conditions of
the contract, provided that the person engaged in that act either sells
insurance or obtains insurance from insurers for purchasers.
			&#8220;Ocean marine insurance authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate those classes of insurance
classified in &#xA7; 38.2-126, except those classes specifically classified as
inland marine insurance, on behalf of insurers licensed in the Commonwealth.
			&#8220;Optometric services authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate optometric services plan contracts
on behalf of optometric services plans licensed under Chapter 45 (&#xA7;
38.2-4500 et seq.).
			&#8220;Personal lines agent&#8221; means an agent licensed in the
Commonwealth to sell, solicit, or negotiate insurance as defined in &#xA7;&#xA7;
38.2-110 through 38.2-114, 38.2-116, 38.2-117, 38.2-118, 38.2-124, 38.2-125,
38.2-126, 38.2-129, 38.2-130, and 38.2-131 for transactions involving insurance
primarily for personal, family, or household needs rather than for business or
professional needs.
			&#8220;Pet accident, sickness and hospitalization insurance authority&#8221;
means the authority in the Commonwealth to sell, solicit, or negotiate pet
accident, sickness and hospitalization insurance on behalf of insurers licensed
in the Commonwealth.
			&#8220;Property and casualty insurance agent&#8221; means an agent licensed
in the Commonwealth to sell, solicit, or negotiate both personal and commercial
lines of insurance as defined in &#xA7;&#xA7;  38.2-107.2, 38.2-110 through
38.2-122.2, and 38.2-124 through 38.2-134 on behalf of insurers licensed in the
Commonwealth.
			&#8220;Resident&#8221; means (i) an individual residing in Virginia; (ii) an
individual residing outside of Virginia whose principal place of business is in
Virginia, who is able to demonstrate to the satisfaction of the Commission that
the laws of his home state prevent him from obtaining a resident agent license
in that state, and who affirmatively chooses to qualify as and be treated as a
resident of Virginia for purposes of licensing and continuing education, both in
Virginia and in the state in which the individual resides, if applicable; (iii)
a partnership duly formed and recorded in Virginia; (iv) a corporation
incorporated and existing under the laws of Virginia; (v) a limited liability
company organized and existing under the laws of Virginia; or (vi) a foreign
business entity that is not licensed as a resident agent in any other
jurisdiction, and that demonstrates to the satisfaction of the Commission that
its principal place of business is within the Commonwealth of Virginia.
			&#8220;Restricted nonresident health agent&#8221; means a nonresident agent
whose license authority in his home state does not include all of the authority
granted under a health agent license in Virginia. The license issued to such
agent shall authorize the agent to sell, solicit, or negotiate in Virginia, on
behalf of insurers licensed in Virginia, only those kinds or classes of
insurance for which the agent is authorized in his home state.
			&#8220;Restricted nonresident life and annuities agent&#8221; means a
nonresident agent whose license authority in his home state does not include all
of the authority granted under a life and annuities agent license in Virginia.
The license issued to such agent shall authorize the agent to sell, solicit, or
negotiate in Virginia, on behalf of insurers licensed in Virginia, only those
kinds or classes of insurance for which the agent is authorized in his home
state.
			&#8220;Restricted nonresident personal lines agent&#8221; means a nonresident
agent whose license authority in his home state does not include all of the
authority granted under a personal lines agent license in Virginia. The license
issued to such agent shall authorize the agent to sell, solicit, or negotiate in
Virginia, on behalf of insurers licensed in Virginia, only those kinds or
classes of insurance for which the agent is authorized in his home state.
			&#8220;Restricted nonresident property and casualty agent&#8221; means a
nonresident agent whose license authority in his home state does not include all
of the authority granted under a property and casualty agent license in
Virginia. The license issued to such agent shall authorize the agent to sell,
solicit, or negotiate in Virginia, on behalf of insurers licensed in Virginia,
only those kinds or classes of insurance for which the agent is authorized in
his home state.
			&#8220;Sell&#8221; means to exchange a contract of insurance by any means,
for money or its equivalent, on behalf of an insurer.
			&#8220;Settlement agent&#8221; means a person licensed as a title insurance
agent and registered with the Virginia State Bar pursuant to Chapter 10 (&#xA7;
55.1-1000 et seq.) of Title 55.1.
			&#8220;Solicit&#8221; means attempting to sell insurance or asking or urging
a person to apply for a particular class of insurance from one or more insurers.
			&#8220;Surety bail bondsman&#8221; means a person licensed as a surety bail
bondsman pursuant to Article 11 (&#xA7; 9.1-185 et seq.) of Chapter 1 of Title
9.1.
			&#8220;Surplus lines broker&#8221; means a person licensed pursuant to
Article 5.1 (&#xA7; 38.2-1857.1 et seq.) of this chapter, and who is thereby
authorized to engage in the activities set forth in Chapter 48 (&#xA7;
38.2-4805.1 et seq.).
			&#8220;Terminate&#8221; means the cancellation of the relationship between an
insurance producer and the insurer, or the termination of an insurance
producer&#8217;s authority to transact insurance.
			&#8220;Title insurance agent&#8221; means an agent licensed in the
Commonwealth to sell, solicit, or negotiate title insurance, and performing all
of the services set forth in &#xA7; 38.2-4601.1, on behalf of title insurance
companies licensed under Chapter 46 (&#xA7; 38.2-4600 et seq.).
			&#8220;Uniform Application&#8221; means the current version of the NAIC
Uniform Application for resident and nonresident producer licensing.
			&#8220;Uniform Business Entity Application&#8221; means the current version
of the NAIC Uniform Business Entity Application for resident and nonresident
business entities.
			&#8220;Variable contract agent&#8221; means an agent licensed in the
Commonwealth to sell, solicit, or negotiate variable life insurance and variable
annuity contracts on behalf of insurers licensed in the Commonwealth.
			&#8220;Viatical settlement broker&#8221; means a person licensed pursuant to
Chapter 60 (&#xA7; 38.2-6000 et seq.), in accordance with Article 6.1 (&#xA7;
38.2-1865.1 et seq.) of this chapter, and who is thereby authorized to engage in
the activities set forth in Chapter 60 (&#xA7; 38.2-6000 et seq.).

HISTORY: 1979, c. 513, § 38.1-327.1; 1981, c. 604; 1983, c. 480; 1984, c. 719;
1986, c. 562; 1987, cc. 520, 521; 1992, c. 586; 1994, cc. 106, 316; 1995, c.
167; 1998, cc. 16, 47, 164; 1999, cc. 86, 490, 493, 586; 2000, c. 526; 2001, c.
706; 2003, cc. 412, 717, 979; 2004, cc. 460, 668, 784; 2006, c. 410; 2011, c.
222; 2012, c. 447; 2013, cc. 203, 497; 2016, c. 250; 2022, cc. 131, 132; 2023,
cc. 338, 339.