In applying the limitation specified in § 38.2-208 to fidelity and surety risks, the net amount of exposure on any single risk shall be considered to be within the prescribed limit if the fidelity and surety insurer is protected against losses in excess of the limit by:
1. Reinsurance with a fidelity and surety insurer that enables the obligee or beneficiary to maintain an action on the contract against the insurer jointly with the reinsurer;
2. The cosuretyship of any other fidelity and surety insurer;
3. A deposit of property with it in pledge, or conveyance of property to it in trust for its protection;
4. A conveyance or mortgage of property for its protection;
5. A deposit or other disposition of a portion of any property held in trust so that no future sale, mortgage, pledge or other disposition can be made of that portion of the property except with the consent of the fidelity and surety insurer or by decree or order of a competent court whenever the obligation is entered into on behalf or on account of a person holding property in a fiduciary capacity; or
6. A guarantee by the Small Business Administrator that the surety shall not suffer loss as set forth in the Small Business Investment Act of 1958.
Code 1950, §§ 38-343, 38-344; 1952, c. 317, § 38.1-641; 1986, c. 562; 1988, cc. 529, 548.
Structure Code of Virginia
Chapter 24 - Fidelity and Surety Insurance
§ 38.2-2400. Class of insurance to which chapter applies
§ 38.2-2401. Fidelity and surety insurer defined
§ 38.2-2402. Fidelity and surety insurer not to transact insurance without appropriate license
§ 38.2-2403. Limitation of liability on risks
§ 38.2-2404. Limit when penalty of bond exceeds actual exposure to risk
§ 38.2-2405. When insurer accepted as surety
§ 38.2-2406. Requirements deemed met by insurer
§ 38.2-2409. Agreement for joint control of money and assets
§ 38.2-2410. Expense of securing bond to be allowed in settlements; exceptions
§ 38.2-2412. Notice to clerks of revocation of licenses
§ 38.2-2412.2. Surety bail bondsman; notice to Department of Criminal Justice Services of violations
§ 38.2-2413. Release of insurers from liability; rights and remedies
§ 38.2-2414. Insurer estopped to deny power to assume liability
§ 38.2-2415. Where civil proceedings may be instituted
§ 38.2-2417. Continuance of power; revocation
§ 38.2-2418. Recordation of instrument of revocation
§ 38.2-2419. Notation of revocation; indexing
§ 38.2-2420. Bonds executed under power of attorney binding on insurer