A. A valid appointment of an agent shall authorize the agent to act for the insurer during the time for which the appointing insurer is licensed to do business in this Commonwealth, unless such appointment is otherwise terminated, suspended, or revoked. No later than 10 calendar days after notice of the termination, suspension or revocation of an appointment has been sent to the agent or agency, the agent or agency shall immediately cease selling or soliciting on behalf of such insurer.
B. Prior to August 10 of each year, or the first business day thereafter if August 10 falls on a weekend or holiday, every insurer shall remit in a manner prescribed by the Commission a renewal appointment fee, for each appointment for which notice of appointment termination was not received by the Commission on or before the preceding June 30, in an amount prescribed by the Commission, which shall be collected by the Commission and, along with any penalties collected pursuant to subsection C, paid directly into the state treasury and credited to the fund for the maintenance of the Bureau of Insurance as provided in subsection B of § 38.2-400.
C. Upon the failure of the insurer to pay amounts due under this section by the date due, the Commission:
1. Shall impose a penalty of $50 per day for each calendar day between the date due and the date full payment is received by the Commission. The renewal appointment fees described above shall not be considered paid in full unless and until the penalty described herein has been received by the Commission; and
2. May, in addition to the penalty imposed above, administratively terminate the appointment of each agent on whose behalf the appointment renewal fee, including any penalty imposed pursuant to this section, was not received by the Commission by the date due and after the insurer has been given due notice and an opportunity to submit the overdue payment.
D. Except as provided in § 38.2-1834.1, upon the termination of the appointment of an agent by an insurer, the insurer shall notify the agent of such termination within five calendar days and the Commission, except as provided in subsection B of this section, within 30 calendar days in a manner acceptable to the Commission, whereupon termination of the agent's appointment to represent the insurer shall be recorded by the Commission.
E. Any license in effect on January 1, 1986, shall be deemed to be an appointment for the unexpired term of that license. Certificates of qualifications issued prior to January 1, 1986, shall be deemed to be the license required by this chapter.
F. An appointment of an agent holding a restricted or limited license shall authorize such agent to sell, solicit, or negotiate only those classes of insurance specifically included in such agent's license authority.
1985, c. 616, § 38.1-327.44:2; 1986, c. 562; 1987, c. 521; 1988, c. 32; 1994, c. 316; 2001, c. 706; 2003, c. 871.
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