When the penalty of a suretyship obligation exceeds (i) the amount of a judgment described on the obligation as appealed from and secured by the obligation, (ii) the amount of the subject matter in controversy, or (iii) the amount of the estate held in trust by the person acting in a fiduciary capacity, the bond may be executed by any fidelity and surety insurer if the actual amount of the judgment or the subject matter in controversy or estate not subject to supervision or control of the surety is not in excess of the limitation specified in § 38.2-208. When the penalty of a suretyship obligation executed for the performance of a contract exceeds the contract price, the contract price shall be taken as the basis for estimating the limit of risk specified in § 38.2-208.
1952, c. 317, § 38.1-642; 1986, c. 562.
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