A. All premiums, return premiums, or other funds received in any manner by an agent or a surplus lines broker shall be held in a fiduciary capacity and shall be accounted for by such agent or surplus lines broker. The agent or surplus lines broker shall, in the ordinary course of business, pay the funds to the insured or his assignee, insurer, insurance premium finance company or agent entitled to the payment.
B. With the exception of premium funds made payable to insurers or insureds for remittance and funds referred to in subsection D of this section, on and after January 1, 1993, all funds referred to in subsection A of this section shall be maintained in a fiduciary account separate from all other business and personal funds. Funds deposited into the separate fiduciary account may not be commingled or combined with other funds except for the purpose of advancing premiums, establishing reserves for the payment of return premiums, or establishing funds to maintain a minimum balance or to guarantee the adequacy of the account. The agent or surplus lines broker shall maintain an accurate record and itemization of the funds deposited into this account. The commission portion of any premiums deposited to this separate account may be withdrawn at the discretion of the agent or surplus lines broker.
C. For the purposes of this section, the separate fiduciary account of a licensed business entity shall be considered the fiduciary account of an individual agent or surplus lines broker acting on behalf of the licensed business entity.
D. This section shall not require any agent who is a duly appointed agent of an insurer and who has a written contractual relationship with such insurer which includes provisions regarding remittance of funds to maintain a separate fiduciary account for the funds. Such funds shall be held separately from any personal or nonbusiness funds and shall be reasonably ascertainable from the books of accounts and records of the agent.
1979, c. 513, § 38.1-327.12; 1986, c. 562; 1992, c. 49; 1993, c. 145; 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