A. As used in this section, "reciprocal state" means a state whose laws prohibit its domestic insurers from insuring the lives or persons of residents of this Commonwealth unless the insurer is licensed in this Commonwealth. The prohibition may be subject to exceptions similar to those set forth in subsection C of this section.
B. Subject to the exceptions set forth in subsection C of this section, a domestic insurer shall not enter into an insurance contract upon the life or person of a resident of a reciprocal state unless the insurer is licensed in that state.
C. The following are exceptions to the provisions of subsection B of this section:
1. Contracts entered into when the person insured, or proposed to be insured, is, at the time he signs the application, personally present in a state where the insurer is licensed;
2. Certificates issued under any lawfully issued group life or group accident and sickness policy, when the group policy is entered into in a state where the insurer is licensed;
3. Contracts made pursuant to a pension or retirement plan of an employer, when the contracts are applied for in a state where the employer is personally present or doing business and where the insurer is also licensed; or
4. Contracts renewed, reinstated, converted, or continued in force, with or without modification, that are otherwise lawful and that were not originally executed in violation of this section.
Code 1950, § 38-364; 1952, c. 317, § 38.1-433; 1986, c. 562.
Structure Code of Virginia
§ 38.2-3100.1. Forms of insurance authorized
§ 38.2-3100.2. Funding agreements
§ 38.2-3101. Legal reserve insurers
§ 38.2-3103. Fraudulent procurement of policy; penalty
§ 38.2-3105. What contracts with respect to life insurance may be made by minors
§ 38.2-3106. Suicide and execution not grounds of defense; exception
§ 38.2-3107. Incontestability of certain policies
§ 38.2-3108. Misstatement of age
§ 38.2-3109. Contestability of reinstated policy
§ 38.2-3110. Incontestability not applicable to excluded or restricted coverage
§ 38.2-3111. Assignment of life insurance policies
§ 38.2-3112. Designation of testamentary trustee as beneficiary
§ 38.2-3113.3. Educational loan provisions in life insurance policies
§ 38.2-3115. Interest on life insurance and annuity contract proceeds
§ 38.2-3115.1. Accelerated payment of benefits
§ 38.2-3117. Standards for certain policies; prohibited policies
§ 38.2-3117.01. Provision of life insurance information upon notification of insured's death
§ 38.2-3117.2. Explanation of settlement options
§ 38.2-3117.3. Supplemental contract
§ 38.2-3117.4. Disclosures for retained asset accounts to beneficiaries
§ 38.2-3118. Spendthrift trusts created under life insurance policies
§ 38.2-3119. Limitation on § 38.2-3118
§ 38.2-3121. Segregation of proceeds not required
§ 38.2-3124. Protection of insurers from creditor's claims
§ 38.2-3125. Other rights of beneficiaries and assignees protected