reglab/housing_qa huggingface dataset:
VA Code § 38.2-5010 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5010. Rehearing on Commission determination or award

If an application for review is made to the Commission within twenty days from the date of a determination pursuant to subdivisions A 1 through A 3 of § 38.2-5008, or within twenty days from the date of an award by the Commission pursuant to § 38.2-5009, the full Commission, excluding any member of the Commission who made the determination or award, if the first hearing was not held before the full Commission, shall review the evidence. If deemed advisable and as soon as practicable, the Commission instead may hear the parties, their representatives and witnesses and shall make a determination or award, as appropriate. Such review or determination, together with a statement of the findings of fact, rulings of law and other matters pertinent to the questions at issue, shall be filed with the record of the proceedings and shall be sent immediately to the parties.1987, c. 540; 1999, c. 806; 2006, c. 919.
VA Code § 38.2-5011 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5011. Conclusiveness of determination or award; appeal

A. The determination of the Commission pursuant to subdivisions A 1 through A 3 of § 38.2-5008, or the award of the Commission, as provided in § 38.2-5009, if not reviewed within the time prescribed by § 38.2-5010, or a determination or award of the Commission upon such review, as provided in § 38.2-5010, shall be conclusive and binding as to all questions of fact. No appeal shall be taken from the decision of one commissioner until a review of the case has been held before the full Commission, as provided in § 38.2-5010. Appeals shall lie from the full Commission to the Court of Appeals in the manner provided in the Rules of the Supreme Court.B. The notice of appeal shall be filed with the clerk of the Commission within thirty days from the date of such determination or award or within thirty days after receipt by registered or certified mail of such determination or award whichever occurs last. A copy of the notice of appeal shall be filed in the office of the clerk of the Court of Appeals as provided in the Rules of the Supreme Court.C. Cases so appealed shall be placed upon the privileged docket of the Court and be heard at the next ensuing term thereof. In case of an appeal from an award of the Commission to the Court of Appeals, the appeal shall operate as a suspension of the award, and the Program shall not be required to make payment of the award involved in the appeal until the questions at issue therein shall have been fully determined in accordance with the provisions of this chapter.1987, c. 540; 1989, c. 523.
VA Code § 38.2-5012 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5012. Enforcement, etc., of orders and awards

The Commission has full authority to enforce its orders and protect itself from deception. While the language of this section is permissive and provides that a party may enforce an award in court, it must be read and considered in pari materia with the Commission's power pursuant to § 65.2-202 to punish for disobedience of its orders.1987, c. 540.
VA Code § 38.2-5013 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5013. Limitation on claims

Any claim under this chapter that is filed more than ten years after the birth of an infant alleged to have a birth-related neurological injury is barred.1987, c. 540; 1999, c. 806; 2006, c. 919.
VA Code § 38.2-5014 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5014. Scope

This chapter applies to all claims for birth-related neurological injuries occurring in this Commonwealth on and after January 1, 1988. The chapter shall not apply to disability or death caused by genetic or congenital abnormalities.1987, c. 540.
VA Code § 38.2-5015 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5015. Birth-Related Neurological Injury Compensation Fund; assets of the Fund; audit

A. There is established the Birth-Related Neurological Injury Compensation Fund to finance the Virginia Birth-Related Neurological Injury Compensation Program created by this chapter. The assets of the Fund administered by the board of directors of the Program are trust funds and shall be used solely in the interest of the recipients of awards pursuant to § 38.2-5009 and to administer the Program.B. An independent certified public accountant selected by the board of directors of the Program shall annually audit the accounts of the Fund, and the cost of such audit services shall be borne by the Program and be paid from moneys designated for such purposes in the Fund. The audit shall be performed at least each fiscal year, in accordance with generally accepted auditing standards and, accordingly, include such tests of the accounting records and such auditing procedures as considered necessary under the circumstances. The board of directors shall furnish copies of the audit to the same persons who are entitled to receive copies of the board's report on investment of the Fund's assets.1987, c. 540; 1999, c. 826; 2003, c. 897.
VA Code § 38.2-5016.1 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5016.1. Investment strategy advice; expected returns

The investment advisor or advisors retained by the board pursuant to subsection F of § 38.2-5016 shall provide the board with annual statements explaining the expected returns on its equities and fixed income portfolios.2003, c. 897; 2006, c. 777.
VA Code § 38.2-5017 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5017. Plan of operation

A. On or before September 30, 1987, the directors of the Program shall submit to the State Corporation Commission for review a proposed plan of operation consistent with this chapter.B. The plan of operation shall provide for the efficient administration of the Program and for the prompt processing of claims made against the Fund pursuant to an award under this chapter. The plan shall contain other provisions including:1. Establishment of necessary facilities;2. Management of the Fund;3. Appointment of servicing carriers or other servicing arrangements to administer the processing of claims against the Fund;4. Initial and annual assessment of the persons and entities listed in § 38.2-5020 to pay awards and expenses, which assessments shall be on an actuarially sound basis subject to the limits set forth in § 38.2-5020; and5. Any other matters necessary for the efficient operation of the Program.C. The plan of operation shall be subject to approval by the State Corporation Commission after consultation with representatives of interested individuals and organizations. If the State Corporation Commission disapproves all or any part of the proposed plan of operation, the directors shall within thirty days submit for review an appropriate revised plan of operation. If the directors fail to do so, the State Corporation Commission shall promulgate a plan of operation. The plan of operation approved or promulgated by the State Corporation Commission shall become effective and operational upon order of the State Corporation Commission.D. Amendments to the plan of operation may be made by the directors of the Program, subject to the approval of the State Corporation Commission.1987, c. 540; 1994, c. 872.
VA Code § 38.2-5018 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5018. Assessments to be held in restricted cash account

All assessments paid pursuant to the plan of operation, shall be held in a separate restricted cash account under the sole control of an independent fund manager to be selected by the directors. The Fund, and any income from it, shall be disbursed for the payment of awards as provided in this chapter and for the payment of the expenses of administration of the Fund and the Program, including the reasonable expenses of the Commission.1987, c. 540; 1989, c. 523; 1990, c. 244.
VA Code § 38.2-5020.1 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5020.1. Credits against malpractice insurance premiums

A. Each insurer issuing or issuing for delivery in the Commonwealth any personal injury liability policy which provides medical malpractice liability coverage for the obstetrical practice of any participating physician under this chapter shall provide a credit on such physician's annual medical malpractice liability insurance premium in an amount that will produce premiums that are neither inadequate, excessive nor unfairly discriminatory, as required by § 38.2-1904, and as determined by the Commission.B. Each insurer issuing or issuing for delivery in the Commonwealth any personal injury liability policy which provides medical malpractice liability coverage for the obstetrical services of any participating hospital under this chapter shall provide a credit on such hospital's annual medical malpractice liability insurance premium in an amount that will produce premiums that are neither inadequate, excessive nor unfairly discriminatory, as required by § 38.2-1904, and as determined by the Commission.1990, c. 498.
VA Code § 38.2-5021 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 50 - Virginia Birth-Related Neurological Injury Compensation Act|§ 38.2-5021. Actuarial investigation, valuations, gain/loss analysis; notice if assessments prove insufficient

A. The Bureau of Insurance of the State Corporation Commission shall undertake an actuarial investigation of the requirements of the Fund based on the Fund's experience in the first year of operation, including without limitation the assets and liabilities of the Fund. Pursuant to such investigation, the State Corporation Commission shall establish the rate of contribution of the entities listed in subsection E of § 38.2-5020 for the tax year beginning January 1, 1989.Following the initial valuation, the State Corporation Commission shall cause an actuarial valuation to be made of the assets and liabilities of the Fund no less frequently than biennially. Pursuant to the results of such valuations, the State Corporation Commission shall prepare a statement as to the contribution rate applicable to contributors listed in subsection E of § 38.2-5020. However, at no time shall the rate be greater than one quarter of one percent of net direct premiums written.In conducting the actuarial evaluation, a loss reserving methodology consistent with the one employed by the Florida Birth-Related Neurological Injury Compensation Association as of July 1, 2007, may be employed in order to account for individual participant costs and injury characteristics to the extent that the data are available to perform such methodology and the State Corporation Commission's actuary determines that such methodology is actuarially appropriate.B. In the event that the State Corporation Commission finds that the Fund cannot be maintained on an actuarially sound basis subject to the maximum assessments listed in § 38.2-5020, the Commission shall promptly notify the Speaker of the House of Delegates, the President of the Senate, the board of directors of the Program, and the Virginia Workers' Compensation Commission.1987, c. 540; 1989, c. 523; 2008, cc. 267, 520.
VA Code § 38.2-5100 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5100. Purpose

The purpose of this chapter is to regulate the formation and operation of risk retention groups and purchasing groups in this Commonwealth formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 to the extent permitted by such law.1987, c. 585; 1992, c. 588.
VA Code § 38.2-5102 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5102. Risk retention groups chartered in this Commonwealth

A. A risk retention group seeking to be chartered in this Commonwealth shall be chartered and licensed as a liability insurance company authorized by the insurance laws of this Commonwealth to write only liability insurance pursuant to this chapter and, except as provided elsewhere in this chapter, shall comply with (i) all of the laws, rules, regulations and requirements applicable to such insurers chartered and licensed in this Commonwealth and with (ii) § 38.2-5103 to the extent such requirements are not a limitation on laws, rules, regulations or requirements of this Commonwealth.B. Notwithstanding any other provision to the contrary, all risk retention groups chartered in this Commonwealth shall file with the Commission and the National Association of Insurance Commissioners (NAIC), an annual statement in a form prescribed by the NAIC and in diskette form, if required by the Commission, and completed in accordance with its instructions and the NAIC Accounting Practices and Procedures Manual.C. Before it may offer insurance in any state, each risk retention group shall also submit for approval to the Commission a plan of operation or feasibility study. The risk retention group shall submit an appropriate revision in the event of any subsequent material change in any item of the plan of operation or feasibility study, within ten days of any such change. The group shall not offer any additional kinds of liability insurance, in this Commonwealth or any other state, until a revision of the plan or study is approved by the Commission.D. At the time of filing its application for licensure, the risk retention group shall provide to the Commission in summary form the following information: the identity of the initial members of the group, the identity of those individuals who organized the group or who will provide administrative services or otherwise influence or control the activities of the group, the amount and nature of initial capitalization, the coverages to be afforded, and the states in which the group intends to operate.1987, c. 585; 1992, c. 588.
VA Code § 38.2-5104 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5104. Associations

A. The provisions of Chapter 16 of Title 38.2 shall not apply to a risk retention group.B. A risk retention group shall participate in any mechanisms established pursuant to § 38.2-2015 for the equitable apportionment of liability insurance losses and expenses.1987, c. 585.
VA Code § 38.2-5106 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5106. Purchasing groups; exemption from certain laws relating to the group purchase of insurance

Any purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 shall be exempt from any law of this Commonwealth relating to the creation of groups for the purchase of insurance, prohibition of group purchasing, or any law that would discriminate against a purchasing group or its members. A purchasing group shall be subject to all other applicable laws of this Commonwealth.1987, c. 585.
VA Code § 38.2-5107 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5107. Insurers; exemptions from certain laws relating to the group purchase of insurance

A. An insurer shall be exempt from any law of this Commonwealth which prohibits providing, or offering to provide, to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters.B. Any insurer who transacts the business of insurance in this Commonwealth with a purchasing group or its members shall comply with the provisions of § 38.2-1024 and all other statutes in Title 38.2 which are applicable to licensed insurers, unless the insurer has received prior approval of the Commission to issue surplus lines insurance pursuant to Chapter 48 of this title.1987, c. 585.
VA Code § 38.2-5108 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5108. Notice and registration requirements of purchasing groups

A. A purchasing group which intends to do business in this Commonwealth shall furnish notice to the Commission, on forms prescribed by the Commission, which shall:1. Identify the state in which the group is domiciled;2. Identify all other states in which the group intends to do business;3. Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;4. Identify the insurance company from which the group intends to purchase its insurance, the domicile of such company, and the business address of such company;5. Specify the method by which, and the person(s), if any, through whom insurance will be offered to its purchasing groups located in this Commonwealth;6. Identify the principal place of business of the group including the business address of the group; and7. Provide such other information as may be required by the Commission to verify that the purchasing group is qualified under the definition set forth in this chapter.B. A purchasing group shall, within ten days, notify the Commission of any changes in any items set forth in subsection A of this section.C. The purchasing group shall register with and designate the clerk of the Commission as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group:1. Which (i) was domiciled before April 1, 1986, and (ii) is domiciled on and after October 27, 1986, in any state of the United States;2. Which (i) before October 27, 1986, purchased insurance from an insurance carrier licensed in any state and (ii) since October 27, 1986, purchases its insurance from an insurance carrier licensed in any state;3. Which was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and4. Which does not purchase insurance that was not authorized for purposes of an exemption under that Act, as in effect before October 27, 1986.D. Each purchasing group that is required to give notice pursuant to subsection A of this section shall also furnish such information as may be required by the Commission to (i) verify that the entity qualifies as a purchasing group; (ii) determine where the purchasing group is located; and (iii) determine appropriate tax treatment.E. Any purchasing group which was doing business in Virginia prior to the enactment of this subsection shall, within thirty days after July 1, 1992, furnish notice to the Commission pursuant to the provisions of subsection A of this section and furnish such information as may be required pursuant to subsections B and C of this section.1987, c. 585; 1992, c. 588.
VA Code § 38.2-5109 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5109. Restrictions on insurance purchased by purchasing groups

A. A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.B. No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.1987, c. 585; 1992, c. 588.
VA Code § 38.2-5110 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5110. Commission's authority regarding risk retention groups and purchasing groups

The Commission is authorized to make use of any of the powers established under Titles 12.1 and 38.2 to enforce the laws of this Commonwealth so long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986. This includes, but is not limited to, the Commission's power to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties. The Commission shall be deemed a state court of competent jurisdiction, independent of its Bureau of Insurance, in all judicial proceedings to enforce the provisions of this chapter.1987, c. 585; 1995, c. 843.
VA Code § 38.2-5111 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5111. Penalties

A risk retention group which violates any provision of this chapter will be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license or the right to do business in this Commonwealth.1987, c. 585.
VA Code § 38.2-5112 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5112. Duty on agents or brokers

Any person acting, or offering to act, as an agent or surplus lines broker for a risk retention group or purchasing group, which solicits members, sells insurance coverage, purchases coverage for its members located within this Commonwealth or otherwise does business in this Commonwealth shall, before commencing any such activity, comply with the applicable provisions of Chapters 18 and 48 of this title, relating to property and casualty insurance agents and surplus lines brokers.1987, c. 585.
VA Code § 38.2-5113 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5113. Financial responsibility policy form or coverage requirements

Any risk retention group and any insurer who transacts the business of insurance in this Commonwealth with a purchasing group or its members shall not be exempt from the policy form or coverage requirements of this Commonwealth's motor vehicle financial responsibility insurance law. For the purpose of this section, any risk retention group and any insurer who transacts the business of insurance in this Commonwealth with a purchasing group or its members shall comply with §§ 38.2-2200 through 38.2-2207, §§ 38.2-2209, 38.2-2211, 38.2-2216, and §§ 38.2-2218 through 38.2-2225 and any other applicable law of this Commonwealth.1987, c. 585.
VA Code § 38.2-5114 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5114. Application of other state laws to persons or corporations

Nothing in this chapter shall be construed to affect the applicability of state laws which are generally applicable to persons or corporations.1987, c. 585.
VA Code § 38.2-5115 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 51 - Risk Retention Groups and Purchasing Groups|§ 38.2-5115. Binding effect of orders issued in U.S. District Court

An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating, in any state, or in all states or in any territory or possession of the United States upon a finding that such a group is in a hazardous financial condition shall be enforceable in the courts of the state.1987, c. 585.