reglab/housing_qa huggingface dataset:
VA Code § 38.2-4806 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4806. Notice to insured that insurance is placed with an eligible nonadmitted insurer required

A notice in a form prescribed by the Commission shall be given to the insured under the provisions of a policy procured pursuant to this chapter by the surplus lines broker procuring the policy or by any duly licensed property and casualty insurance agent placing surplus lines business with the surplus lines broker. The notice shall contain, but not be limited to, statements that the policy is being procured from or has been placed with an insurer approved by the Commission as an eligible nonadmitted insurer and that there is no protection under the Virginia Property and Casualty Insurance Guaranty Association established under Chapter 16 (§ 38.2-1600 et seq.) against financial loss to claimants or policyholders because of the insolvency of an eligible nonadmitted insurer. The notice shall also set forth the name, license number, and mailing address of the broker. The notice shall be given prior to placement of the insurance. In the event coverage must be placed and become effective within 24 hours after referral of the business to the surplus lines broker, the notice may be given promptly following such a placement. In addition, a copy of the notice shall be affixed to the policy.Code 1950, § 38.-314.7; 1960, c. 503; 1979, c. 513, § 38.1-327.52; 1981, c. 241; 1984, c. 719; 1986, c. 562; 1987, c. 519; 1988, c. 828; 1996, c. 240; 2001, c. 706; 2008, c. 212; 2011, c. 498; 2018, c. 205.
VA Code § 38.2-4807 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4807. Licensees to keep records and file annual statement of policies

A. Every licensed surplus lines broker shall keep in his office a complete record of (i) each policy of insurance procured by him under this chapter during the previous calendar year; (ii) the name and address of the insurer or insurers; (iii) the inception and expiration dates of each policy; (iv) the perils insured against; (v) the location of each risk so insured and the premium rate and the gross premium charged for each such policy of insurance; (vi) the amount of premium returned; and (vii) any other information the Commission requires.B. The record of each policy of insurance shall be kept open at all reasonable times to examination by the Commission without notice for a period of not less than five years following termination of the policy.Code 1950, § 38.1-314.8; 1960, c. 503; 1979, c. 513, § 38.1-327.53; 1986, c. 562; 2001, c. 706; 2011, c. 498.
VA Code § 38.2-4808 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4808. Effect of payment to surplus lines broker

A. No surplus lines broker may accept a payment of premium for issuance of surplus lines insurance before placing the insurance with an eligible nonadmitted insurer.B. A payment of premium to a surplus lines broker shall be deemed to be payment to the insurer notwithstanding any policy conditions or stipulations to the contrary.1986, c. 562; 2018, c. 205.
VA Code § 38.2-4809.1 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4809.1. Licensees to pay assessments on insurers

Every licensed surplus lines broker or any person required to be licensed as a surplus lines broker shall be subject to the annual maintenance fund assessment, penalties, and other provisions of §§ 38.2-400, 38.2-403, and 38.2-406. If any person overpays the assessment, the Commission shall process a refund.2011, c. 850; 2013, cc. 29, 163; 2017, c. 39.
VA Code § 38.2-4810 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4810. Issuance and delivery of surplus lines policies; prior authority or information required

Each policy or other written evidence of insurance procured pursuant to this chapter shall be delivered promptly to the named insured shown on the policy's declarations page. No surplus lines broker shall issue or deliver any policy or other written evidence of insurance or represent that insurance will be or has been granted by an eligible nonadmitted insurer unless (i) he has prior written authority from such insurer for the insurance, (ii) he has received information from the insurer in the regular course of business that the insurance has been granted, or (iii) an insurance policy providing the insurance actually has been issued by the insurer and delivered to the named insured shown on the policy's declarations page.Code 1950, § 38.1-314.10; 1960, c. 503; 1979, c. 513, § 38.1-327.55; 1984, c. 719; 1986, c. 562; 2011, c. 498; 2018, c. 205.
VA Code § 38.2-4811 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4811. Surplus lines coverage to be placed with eligible nonadmitted insurers

A. No surplus lines broker shall procure a policy of insurance with any nonadmitted insurer unless such nonadmitted insurer has prior approval of the Commission to issue surplus lines insurance.B. Any unlicensed foreign insurer wishing to be approved by the Commission to issue surplus lines coverage may receive such approval upon providing:1. Evidence that it is authorized to write the type of insurance in its domiciliary jurisdiction; and2. Proof that it has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction, which equal the greater of (i) the minimum capital and surplus requirements under §§ 38.2-1028, 38.2-1029, 38.2-1030 or § 38.2-1031, or (ii) $15 million.C. Notwithstanding the capital and surplus requirements of subdivision B 2, an unlicensed foreign insurer may receive approval upon an affirmative finding of acceptability by the Commission. The finding shall be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. In no event shall the Commission make an affirmative finding of acceptability when the surplus lines insurer's capital and surplus is less than $4.5 million.D. An unlicensed alien insurer shall be deemed approved by the Commission if such insurer is listed on the Quarterly Listing of Alien Insurers maintained by the NAIC International Insurers Department.E. Any unlicensed foreign insurer approved by the Commission shall cause to be provided to the Commission, not later than March 1, a copy of its current annual statement certified by the insurer, in accordance with § 38.2-1300.The Commission, at its discretion, may extend the period for filing an annual statement by a maximum of two months.F. If at any time the Commission has reason to believe that an eligible nonadmitted insurer (i) is in unsound financial condition, (ii) is no longer eligible under this section, (iii) has willfully violated the laws of the Commonwealth, or (iv) does not make reasonably prompt payment of just losses and claims in the Commonwealth or elsewhere, the Commission may declare it ineligible. The Commission shall promptly mail notice of all such declarations to each surplus lines licensee.Code 1950, § 38.1-314.11; 1960, c. 503; 1979, c. 513, § 38.1-327.56; 1984, c. 719; 1986, c. 562; 1994, c. 647; 1995, c. 60; 2007, c. 157; 2011, c. 498; 2018, c. 205.
VA Code § 38.2-4811.1 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4811.1. Surplus lines coverage placed with domestic surplus lines insurers

A. The Commission may license pursuant to § 38.2-1024 an insurer domiciled in the Commonwealth as a domestic surplus lines insurer if all of the following are satisfied:1. The insurer possesses a policyholder surplus of at least $15 million; and2. The board of directors of the insurer has passed a resolution seeking to be a domestic surplus lines insurer in the Commonwealth.B. For the purposes of the federal Nonadmitted and Reinsurance Reform Act of 2010 (15 U.S.C. § 8201 et seq.), a domestic surplus lines insurer shall be considered a nonadmitted insurer as the term is referenced in such Act, with respect to risks insured in the Commonwealth.C. A domestic surplus lines insurer is only authorized to write the types of insurance in the Commonwealth that a surplus lines broker may procure with a nonadmitted insurer approved by the Commission pursuant to § 38.2-4811.D. A domestic surplus lines insurer may only write surplus lines insurance in the Commonwealth where placed by a surplus lines broker pursuant to Chapter 48 (§ 38.2-4805.1 et seq.).E. Notwithstanding any other statute, the policies issued by a domestic surplus lines insurer where the Commonwealth is the home state of the insured shall be subject to taxes and maintenance assessments levied upon surplus lines policies issued by eligible nonadmitted insurers pursuant to §§ 38.2-4809 and 38.2-4809.1 but shall not be subject to other taxes levied upon admitted insurers, whether domestic or foreign, pursuant to Chapter 25 (§ 58.1-2500 et seq.) of Title 58.1.F. Policies issued by a domestic surplus lines insurer are not subject to protections of or other provisions of the Virginia Property and Casualty Insurance Guaranty Association established under Chapter 16 (§ 38.2-1600 et seq.).G. All financial and solvency requirements imposed by the Commonwealth's law upon domestic admitted insurers shall apply to domestic surplus lines insurers unless domestic surplus lines insurers are otherwise specifically exempted. For the purposes of handling the rehabilitation, liquidation, or conservation of a domestic surplus lines insurer, the provisions of Chapter 15 (§ 38.2-1500 et seq.) shall apply.H. Policies issued by a domestic surplus lines insurer shall be exempt from all statutory requirements relating to insurance rating plans, policy forms, policy cancellation and nonrenewal, and premium charged to the insured in the same manner and to the same extent as a nonadmitted insurer domiciled in another state.2018, c. 205.
VA Code § 38.2-4812 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4812. Surplus lines insurers subject to Unlicensed Insurers Process

Every nonadmitted insurer issuing surplus lines coverage under this chapter shall be subject to the provisions of Article 1 (§ 38.2-800 et seq.) of Chapter 8.Code 1950, § 38.1-314.12; 1960, c. 503; 1979, c. 513, § 38.1-327.57; 1986, c. 562; 1988, c. 153; 2007, c. 157; 2018, c. 205.
VA Code § 38.2-4813 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4813. Commission to make rules and regulations

The Commission may make, approve and adopt reasonable rules and regulations consistent with this chapter to effect the purposes of this chapter.Code 1950, § 38.1-314.14; 1960, c. 503; 1979, c. 513, § 38.1-327.58; 1984, c. 719; 1986, c. 562.
VA Code § 38.2-4814 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4814. Penalties

Any violation of this chapter shall be punished as provided for in §§ 38.2-218 and 38.2-1831.Code 1950, § 38.1-314.15; 1960, c. 503; 1979, c. 513, § 38.1-327.59; 1986, c. 562.
VA Code § 38.2-4815 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4815. Effect on other provisions of Title 38.2

Except as is otherwise provided herein and in Chapter 18 (§ 38.2-1800 et seq.) of this title, the provisions relating to the licensing and control of surplus lines brokers shall have no effect on or in any way alter any of the other provisions of this title.Code 1950, § 38.1-314.16; 1960, c. 503; 1979, c. 513, § 38.1-327.60; 1986, c. 562; 2001, c. 706.
VA Code § 38.2-4816 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 48 - Surplus Lines Insurance Law|§ 38.2-4816. Exchange of information

The Commission and Department of Taxation may exchange information for purposes of enforcing the provisions of this title.2011, c. 850.
VA Code § 38.2-4900 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers|§ 38.2-4900. Definitions

As used in this article and Article 3 (§ 38.2-4924 et seq.):"Continuing care" means providing or committing to provide board, lodging and nursing services to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and (ii) in consideration of the payment of an entrance fee. A contract shall be deemed to be one offering nursing services, irrespective of whether such services are provided under such contract, if nursing services are offered to the resident entering such contract either at the facility in question or pursuant to arrangements specifically offered to residents of the facility."Continuing care" also means providing or committing to provide lodging to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, (ii) in consideration of the payment of an entrance fee, and (iii) where board and nursing services are made available to the resident by the provider, either directly or indirectly through affiliated persons, or through contractual arrangements, whether or not such services are specifically offered in the agreement for lodging."Entrance fee" means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. A fee which in the aggregate is less than the sum of the regular periodic charges for one year of residency shall not be considered to be an entrance fee except as provided in subsection A of § 38.2-4904.1."Facility" means the place or places in which a person undertakes to provide continuing care to an individual."Provider" means any person, corporation, partnership or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this Commonwealth. Two or more related individuals, corporations, partnerships or other entities may be treated as a single provider if they cooperate in offering services to the residents of a facility."Resident" means an individual entitled to receive continuing care in a facility."Solicit" means all actions of a provider or his agent in seeking to have individuals enter into a continuing care agreement by any means such as, but not limited to, personal, telephone or mail communication or any other communication directed to and received by any individual, and any advertisements in any media distributed or communicated by any means to individuals.1985, c. 554, § 38.1-955; 1986, cc. 562, 598; 1993, c. 683; 2012, cc. 208, 303.
VA Code § 38.2-4901 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers|§ 38.2-4901. Registration

A. Except as provided in § 38.2-4912, no provider shall engage in the business of providing or offering to provide continuing care at a facility in this Commonwealth unless the provider has registered with the Commission with respect to such facility.B. A registration statement shall be filed with the Commission by the provider on forms prescribed by the Commission and shall include:1. All information required by the Commission pursuant to its enforcement of this chapter; and2. The initial disclosure statement required by § 38.2-4902.C. Registration shall be approved or disapproved in writing by the Commission within ninety days of the filing.1985, c. 554, § 38.1-956; 1986, c. 562.
VA Code § 38.2-4903 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers|§ 38.2-4903. Availability of disclosure statement to prospective residents

At least three days prior to the execution of a continuing care contract or the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever first occurs, the provider shall deliver to the person with whom the contract is to be entered into a copy of a disclosure statement with respect to the facility in question meeting all requirements of this chapter as of the date of its delivery.1985, c. 554, § 38.1-958; 1986, c. 562.
VA Code § 38.2-4904 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers|§ 38.2-4904. Annual disclosure statements

A. Within four months following the end of the provider's fiscal year, each provider shall file with the Commission and make available by written notice to each resident at no cost an annual disclosure statement which shall contain the information required for the initial disclosure statement set forth in § 38.2-4902.B. The annual disclosure statement shall also be accompanied by a narrative describing any material differences between:1. The prior fiscal year's pro forma income statement, and2. The actual results of operations during that fiscal year.C. The annual disclosure statement shall describe the disposition of any real property acquired by the provider from residents of the facility.D. In addition to filing the annual disclosure statement, the provider shall amend its currently filed disclosure statement at any other time if, in the opinion of the provider, an amendment is necessary to prevent the disclosure statement from containing any material misstatement of fact or failing to state any material fact required to be stated therein. Any such amendment or amended disclosure statement shall be filed with the Commission before it is delivered to any resident or prospective resident and is subject to all the requirements of this chapter, and the provider shall notify each resident of the existence of such amendment or amended disclosure statement.E. If the Commission determines that the disclosure statement does not comply with the provisions of this chapter, it shall have the right to take action pursuant to § 38.2-4931.1985, c. 554, § 38.1-959; 1986, c. 562; 2012, cc. 208, 303.
VA Code § 38.2-4910 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers|§ 38.2-4910. Right of organization

A. Residents shall have the right of self-organization. No retaliatory conduct shall be permitted against any resident for membership or participation in a residents' organization or for filing any complaint. The provider shall be required to provide to the organization a copy of all submissions to the Commission.B. The board of directors, its designated representative or other such governing body of a continuing care facility shall hold meetings at least quarterly with the residents or representatives elected by the residents of the continuing care facility for the purpose of free discussion of issues relating to the facility. These issues may include income, expenditures and financial matters as they apply to the facility and proposed changes in policies, programs, facilities and services. Residents shall be entitled to seven days' notice of each meeting.1985, c. 554, § 38.1-965; 1986, c. 562; 1992, c. 139.
VA Code § 38.2-4912 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers|§ 38.2-4912. Special provisions for existing providers; rights of residents with certain existing providers

A. Providers existing prior to July 1, 1986, shall comply with its provisions within six months of July 1, 1986. However, the Commission may extend the period within which an existing facility shall comply with this chapter for an additional six months with good cause shown.B. Continuing care contracts entered into prior to the effective date of this chapter or prior to registration of the provider shall be valid and binding upon both parties in accordance with their terms.1985, c. 554, § 38.1-967; 1986, c. 562.
VA Code § 38.2-4917 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers|§ 38.2-4917. Certain providers exempted

Notwithstanding any provisions to the contrary, this chapter shall not apply to providers that do not charge an entrance fee and which only accept assignments of government transfer payments, contributions from charitable organizations and third-party health care coverages as their regular periodic charges.1986, c. 265, § 38.1-972.
VA Code § 38.2-4918 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers|§ 38.2-4918. Definitions

As used in this article and Article 3 (§ 38.2-4924 et seq.):"Community-based continuing care" or "CBCC" means a program providing or committing to provide a range of services, including long-term care services, to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement, including mutually terminable contracts, effective for the life of the individual or for a period in excess of one year; and (ii) in consideration of the payment of an entrance fee. "Community-based continuing care" or "CBCC" also means the provision of the enumerated services in the individual's private residence as long as medically feasible and the provision of facility-based long-term care services when required, either directly or indirectly through affiliated services or through contractual arrangements."Community-based continuing care entrance fee" or "CBCC entrance fee" means an initial or deferred transfer to a CBCC provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a participant. A fee that in the aggregate is less than the sum of the regular periodic charges for one year of participation shall not be considered to be an entrance fee except as provided in § 38.2-4922."Community-based continuing care provider" or "CBCC provider" means any person, corporation, partnership, or other entity that provides or offers to provide community-based continuing care and that has operated a Continuing Care Retirement Community facility for a minimum of three years."Continuing Care Retirement Community facility" or "CCRC facility" means a facility, as defined in § 38.2-4900, that is registered with the Commission pursuant to § 38.2-4901."Participant" means an individual who has entered into a community-based continuing care contract."Range of services" means, without limitation, coordinated in-home care management, wellness programs, health assessments, health information and referral, home safety evaluation, homemaker services, assistance with activities of daily living, personal emergency response systems, chronic disease management, professional nursing services, services provided by a home care organization as defined in § 32.1-162.7, facility-based assisted living care provided pursuant to Article 1 (§ 63.2-1800 et seq.) of Chapter 18 of Title 63.2, and care in a certified nursing facility as defined in § 32.1-123."Solicit" means all actions of a CBCC provider or his agent in seeking to have individuals enter into a community-based continuing care contract by any means such as, but not limited to, personal, telephone, or mail communication or other communication directed to and received by any individual, and any advertisements in any media distributed or communicated by any means to individuals.2012, cc. 208, 303.