                                 CODE OF VIRGINIA

PLAN OF OPERATION (§ 38.2-2904)

A. Within forty-five days after appointment of the members of the board, the
directors of the Association shall submit to the Commission for review a
proposed plan of operation consistent with this chapter.

B. The plan of operation shall provide for economic, fair and nondiscriminatory
administration and for the prompt and efficient provision of commercial
liability insurance. The plan shall contain other provisions governing:

   1. Preliminary assessment of all members for initial expenses necessary to
   commence operations;

   2. Establishment of necessary facilities;

   3. Management of the Association;

   4. Assessment of members to defray losses and expenses;

   5. Reasonable and objective minimum underwriting standards;

   6. Acceptance and cession of reinsurance;

   7. Appointment of servicing carriers or other servicing arrangements;

   8. The establishment of premium payment plans;

   9. Procedures for determining amounts of insurance to be provided by the
   Association;

   10. Procedures for the recoupment of preliminary assessments and other
   assessments of members as authorized by this chapter; and

   11. Any other matters necessary for the efficient and equitable operation and
   termination of the Association.

C. The plan of operation shall be subject to approval by the Commission after
consultation with the members of the Association and representatives of
interested individuals and organizations. If the Commission disapproves all or
any part of the proposed plan of operation, the directors shall within fifteen
days submit for review an appropriate revised plan of operation. If the
directors fail to do so, the Commission shall promulgate a plan of operation.
The plan of operation approved or promulgated by the Commission shall become
effective and operational upon order of the Commission.

D. At any time after the Association is activated, and after investigation,
notice, and hearing, the Commission may order the submission of a supplemental
plan of operation if it finds that any line, subclassification or type of
commercial liability insurance not covered by the existing plan of operation is
not reasonably available according to the terms of subsection A of &#xA7;
38.2-2901. Such supplemental plan of operation shall be submitted within
forty-five days of the Commission&#8217;s order and shall be subject to all
other provisions of this chapter governing the plan of operation.

E. Amendments to the plan of operation may be made by the directors of the
Association, subject to the approval of the Commission.

HISTORY: 1988, cc. 769, 783.