A. Any agent licensed in this Commonwealth to sell, solicit or negotiate property and casualty insurance, mutual assessment property and casualty insurance, or ocean marine insurance may charge interest on credit extended by the agent to the holder of any fire, casualty, surety or marine insurance policy, written or being serviced by or through such agent, for the premium due on such policy. The rate of interest shall not exceed one and one-half percent per month of the unpaid balance. However, the extension of credit or the making of the loan shall not be in conflict with the contract between the agent and the insurer that issues the policy.
B. A licensed insurance agent extending credit as authorized in this section shall not be required to comply with the provisions of Chapter 47 (§ 38.2-4700 et seq.) of this title with respect to the licensing of premium finance companies.
C. Notwithstanding the provisions of §§ 38.2-2114 and 38.2-2212, if any insured fails to discharge any of his obligations to a licensed insurance agent when due in connection with the payment of any premium for a policy of insurance, that agent may request in writing that the insurer cancel such policy for nonpayment of premium. Within ten business days of the receipt of such written request, which shall also state the amount owed the agent by the policyholder, the insurer shall deliver or mail a written notice of cancellation to the named insured at the address shown in the policy and to any mortgagee or lienholder. This notice shall state the date on which the cancellation shall become effective. That date shall be established by giving at least the number of days notice prior to cancellation that are required by statute or the terms of the policy. Except for statutory requirements and contractual obligations, there shall be no liability on the part of the insurer for improper cancellation under this section if the insurer (i) in good faith relies upon the request of the agent and (ii) gives notice of cancellation in compliance with the provisions of this section.
D. The insurance agent shall have a lien on any return premium for the policy to the extent of the amount owed by the policyholder. Within thirty calendar days of the mailing of the notice of cancellation, the insurer shall forward that amount to the agent and shall forward the remainder, if any, of the return premium to the policyholder.
Code 1950, § 38.1-293.1; 1970, c. 370; 1979, c. 513, § 38.1-327.7; 1980, c. 581; 1985, c. 33; 1986, c. 562; 1987, c. 521; 2001, c. 706.
Structure Code of Virginia
§ 38.2-1800.1. Proof of residency
§ 38.2-1802. Acting as agent for unlicensed insurer prohibited; penalties
§ 38.2-1805. Acceptance by insurance agents of premiums in arrears; how advance premiums recorded
§ 38.2-1806. Interest with respect to credit extended or money lent for premiums on certain policies
§ 38.2-1808. All agreements to be expressed in contract
§ 38.2-1812. Payment and sharing of commissions
§ 38.2-1812.1. Placement of insurance for public bodies
§ 38.2-1812.2. Administrative charges in excess of premium prohibited; exceptions
§ 38.2-1813. Reporting and accounting for premiums
§ 38.2-1814.1. License required of resident title insurance agent
§ 38.2-1815. License required of resident life and annuities agent
§ 38.2-1815.1. License required of resident health agent
§ 38.2-1817. Examination for license; fee required; when fee forfeited
§ 38.2-1818. Individual moving from another state or Canadian province
§ 38.2-1819. Application for license; fee required; fingerprints
§ 38.2-1820. Issuance of license
§ 38.2-1821. Revocation, etc., of license revokes appointment
§ 38.2-1821.1. Exceptions to licensing
§ 38.2-1823. Penalty for acting for insurer, joint underwriting association, etc., when not licensed
§ 38.2-1824. Kinds of agents' licenses and appointments issued
§ 38.2-1825. Duration and termination of licenses and appointments
§ 38.2-1826. Requirement to report to Commission
§ 38.2-1827. Appointment may include one or more classes of insurance
§ 38.2-1828. Selling accident and sickness insurance
§ 38.2-1830. Temporary licenses and appointments; when issued
§ 38.2-1832. Refusal to issue and revocation of license; hearing; new application
§ 38.2-1833. Appointments of agents
§ 38.2-1834. Duration of appointment; annual renewal of agent's appointment
§ 38.2-1835. Failure to appoint
§ 38.2-1836. Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
§ 38.2-1836.1. Authority of Commission to delegate certain functions
§ 38.2-1838. License required of consultants; fingerprinting
§ 38.2-1839. Contract required; placement of insurance for public bodies
§ 38.2-1841. Termination, suspension, or revocation of license
§ 38.2-1842. Requirement to report to Commission
§ 38.2-1844. Refusal to issue and revocation of license; hearing; new application
§ 38.2-1845. Licensing nonresidents; reciprocal agreements with other states and Canadian provinces
§ 38.2-1845.2. License required of resident public adjusters
§ 38.2-1845.3. Exemptions from article
§ 38.2-1845.6. Individual moving into the Commonwealth from another state or Canadian province
§ 38.2-1845.7. Refusal to issue; hearing; new application
§ 38.2-1845.8. Renewal application and fee; reinstatement; waiver
§ 38.2-1845.11. Termination, suspension, or revocation of license
§ 38.2-1845.12. Standards of conduct for public adjusters
§ 38.2-1845.13. Contract between public adjuster and insured
§ 38.2-1845.15. Record retention
§ 38.2-1845.16. Escrow or trust accounts
§ 38.2-1845.17. Requirement to report to Commission
§ 38.2-1845.18. Information security program
§ 38.2-1845.19. What laws applicable; rulemaking authority
§ 38.2-1845.20. Immunities; confidentiality
§ 38.2-1845.21. Authority of Commission to delegate certain functions
§ 38.2-1845.23. False information and advertising generally
§ 38.2-1857.2. Applications for surplus lines broker license; fee required; fingerprinting
§ 38.2-1857.4:1. Renewal application and fee; reinstatement; waiver
§ 38.2-1857.5. Requirement to report to Commission
§ 38.2-1857.6. Accepting and placing surplus lines business
§ 38.2-1857.8. Refusal to issue and revocation of license; hearing; new application
§ 38.2-1865.3. Refusal to issue and revocation of license; hearing; new application
§ 38.2-1865.5. Requirement to report to Commission
§ 38.2-1866. Continuing education requirements
§ 38.2-1867. Insurance continuing education board; approval of credits
§ 38.2-1868.1. Proof of compliance with continuing education requirements; waivers
§ 38.2-1869. Failure to satisfy requirements; termination of license
§ 38.2-1871. Licensees not subject to the continuing education requirements of this article
§ 38.2-1872. Administrative duties of Board; transfer to outside administrator
§ 38.2-1873. Continuing insurance education fees
§ 38.2-1874. Continuing education program; plan of operation; approval by Commission
§ 38.2-1876. Licensure of vendors
§ 38.2-1877. Requirements for sale of portable electronics insurance
§ 38.2-1878. Authority of vendors of portable electronics
§ 38.2-1879. Suspension or revocation of license
§ 38.2-1880. What laws applicable; rulemaking authority
§ 38.2-1882. Licensure of lessors
§ 38.2-1883. Requirements for sale of self storage insurance
§ 38.2-1884. Authority of lessors of self storage units
§ 38.2-1885. Suspension or revocation of license
§ 38.2-1886. What laws applicable; rulemaking authority
§ 38.2-1887. Application of article; definitions
§ 38.2-1888. Licensing and registration
§ 38.2-1888.1. Suspension, revocation, or termination of license
§ 38.2-1888.2. Travel protection plans
§ 38.2-1888.3. Sales practices
§ 38.2-1888.4. Travel administrators
§ 38.2-1888.5. Classification of travel insurance
§ 38.2-1889. Suspension, revocation, or termination of license