"Agent," "insurance agent," "producer," or "insurance producer," whenused without qualification, means an individual or business entity thatsells, solicits, or negotiates contracts of insurance or annuity in thisCommonwealth.
"Appointed agent," "appointed insurance agent," "appointed producer,"or "appointed insurance producer," when used without qualification, meansan individual or business entity licensed in this Commonwealth to sell,solicit, or negotiate contracts of insurance or annuity of the classesauthorized within the scope of such license and who is appointed by a companylicensed in this Commonwealth to sell, solicit, or negotiate on its behalfcontracts of insurance of the classes authorized within the scope of suchlicense and, if authorized by the company, may collect premiums on thosecontracts.
"Automobile club authority" means the authority in this Commonwealth tosell, solicit, or negotiate automobile club contracts on behalf of automobileclubs licensed under Chapter 3.1 (§ 13.1-400.1 et seq.) of Title 13.1.
"Business entity" means a partnership, limited partnership, limitedliability company, corporation, or other legal entity other than a soleproprietorship.
"Dental plan organization authority" means the authority in theCommonwealth to sell, solicit, or negotiate dental benefit contracts onbehalf of dental plan organizations licensed under Chapter 61 (§ 38.2-6100 etseq.) of this title.
"Dental services authority" means the authority in this Commonwealth tosell, solicit, or negotiate dental services plan contracts on behalf ofdental services plans licensed under Chapter 45 (§ 38.2-4500 et seq.) of thistitle.
"Filed" means received by the Commission.
"Health agent" means an agent licensed in this Commonwealth to sell,solicit, or negotiate insurance as defined in §§ 38.2-108 and 38.2-109, andincluding contracts issued by insurers, health services plans, healthmaintenance organizations, dental services plans, optometric services plans,and dental plan organizations licensed in this Commonwealth.
"Home protection insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate home protection insurance asdefined in § 38.2-129 on behalf of insurers licensed in this Commonwealth.
"Home state" means the District of Columbia and any state or territory ofthe United States, except Virginia, or any province of Canada, in which aninsurance producer maintains such person's principal place of residence orprincipal place of business and is licensed by that jurisdiction to act as aresident insurance producer.
"Legal services insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate legal services insurance asdefined in § 38.2-127 on behalf of insurers licensed in this Commonwealth.
"License" means a document issued by the Commission authorizing anindividual or business entity to act as an insurance producer for the linesof authority specified in the document. Except as provided in § 38.2-1833,the license itself does not create any authority, actual, apparent orinherent, in the licensee to represent, commit, or bind an insurer.
"Licensed agent," "licensed insurance agent," "licensed producer," or"licensed insurance producer," when used without qualification, means anindividual or business entity licensed in this Commonwealth to sell, solicit,or negotiate contracts of insurance or annuity of the classes authorizedwithin the scope of such license.
"Life and annuities insurance agent" means an agent licensed in thisCommonwealth to sell, solicit, or negotiate life insurance and annuitycontracts as defined in §§ 38.2-102, 38.2-103, 38.2-104, 38.2-105.1,38.2-106, and 38.2-107.1, respectively, on behalf of insurers licensed inthis Commonwealth.
"Limited burial insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate burial insurance societymembership where the certificates of membership will not exceed $10,000 onany individual, on behalf of insurers licensed under Chapter 40 (§ 38.2-4000et seq.) of this title; or to represent an association referred to in §38.2-3318.1, limited to soliciting members of that association for burialassociation group life insurance certificates in amounts of $10,000 or less.
"Limited lines credit insurance agent" means an agent licensed in thisCommonwealth whose authority is restricted to selling, soliciting, ornegotiating, on behalf of insurers licensed in this Commonwealth, one or moreof the following coverages to individuals through a master, corporate, groupor individual policy: (i) credit life insurance and credit accident andsickness insurance, but only to the extent authorized in Chapter 37.1 (§38.2-3717 et seq.) of this title; (ii) credit involuntary unemploymentinsurance as defined in § 38.2-122.1; (iii) credit property insurance, asdefined in § 38.2-122.2; (iv) mortgage accident and sickness insurance; (v)mortgage redemption insurance; (vi) mortgage guaranty insurance; and (vii)any other form of insurance offered in connection with an extension of creditthat is limited to partially or wholly extinguishing that credit obligationand that the Commission specifically determines may be sold, solicited, ornegotiated by those holding a limited lines credit insurance agent license.Each insurer that sells, solicits or negotiates any of the coverages setforth in this definition shall provide to each individual whose duties willinclude selling, soliciting or negotiating such coverages a program ofinstruction that may, at the discretion of the Commission, be submitted forapproval by the Commission or reviewed by the Commission subsequent to itsimplementation.
"Limited lines life and health agent" means an individual or businessentity authorized by the Commission whose license authority to sell, solicit,or negotiate is limited to the following, or any other type of authority thatthe Commission may deem it necessary to recognize for the purposes ofcomplying with § 38.2-1836: dental services authority; limited burialinsurance authority; mutual assessment life and health insurance authority;optometric services authority; travel accident insurance authority; anddental plan organization authority. Limited lines life and health insuranceshall not include life insurance, health insurance, property insurance,casualty insurance, and title insurance.
"Limited lines property and casualty agent" means an individual or businessentity authorized by the Commission whose license authority to sell, solicit,or negotiate is limited to the following, or any other type of authority thatthe Commission may deem it necessary to recognize for the purposes ofcomplying with § 38.2-1836: automobile club authority; home protectioninsurance authority; legal services insurance authority; mutual assessmentproperty and casualty insurance authority; ocean marine insurance authority;pet accident, sickness and hospitalization insurance authority; and travelbaggage insurance authority. Limited lines property and casualty insuranceshall not include life insurance, health insurance, property insurance,casualty insurance, and title insurance.
"Mortgage accident and sickness insurance authority" means the authority inthis Commonwealth to sell, solicit, or negotiate mortgage accident andsickness insurance on behalf of insurers licensed in this Commonwealth.
"Mortgage guaranty insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate mortgage guaranty insurance onbehalf of insurers licensed in this Commonwealth.
"Mortgage redemption insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate mortgage redemption insurance onbehalf of insurers licensed in this Commonwealth. As used in this chapter,"mortgage redemption insurance" means a nonrenewable, nonconvertible,decreasing term life insurance policy written in connection with a mortgagetransaction for a period of time coinciding with the term of the mortgage.The initial sum shall not exceed the amount of the indebtedness outstandingat the time the insurance becomes effective, rounded up to the next $1,000.
"Motor vehicle rental contract enroller" means an unlicensed hourly orsalaried employee of a motor vehicle rental company that is in the businessof providing primarily private motor vehicles to the public under a rentalagreement for a period of less than six months, and receives no direct orindirect commission from the insurer, the renter or the vehicle rentalcompany.
"Motor vehicle rental contract insurance agent" means a person who (i) is aselling agent of a motor vehicle rental company that is in the business ofproviding primarily private passenger motor vehicles to the public under arental agreement for a period of less than six months and (ii) whose licensein this Commonwealth is restricted to selling, soliciting, or negotiatingonly the following insurance coverages, and solely in connection with andincidental to the rental contract:
1. Personal accident insurance that provides benefits in the event ofaccidental death or injury occurring during the rental period;
2. Liability coverage sold to the renter in excess of the rental company'sobligations under §§ 38.2-2204, 38.2-2205, or Title 46.2, as applicable;
3. Personal effects insurance that provides coverages for the loss of ordamage to the personal effects of the renter and other vehicle occupantswhile such personal effects are in or upon the rental vehicle during therental period;
4. Roadside assistance and emergency sickness protection programs; and
5. Other travel-related or vehicle-related insurance coverage that a motorvehicle rental company offers in connection with and incidental to the rentalof vehicles.
The term "motor vehicle rental contract insurance agent" does not includemotor vehicle rental contract enrollers.
"Mutual assessment life and health insurance authority" means the authorityin this Commonwealth to sell, solicit, or negotiate mutual assessment lifeand accident and sickness insurance on behalf of insurers licensed underChapter 39 (§ 38.2-3900 et seq.) of this title, but only to the extentpermitted under § 38.2-3919.
"Mutual assessment property and casualty insurance authority" means theauthority in this Commonwealth to sell, solicit, or negotiate mutualassessment property and casualty insurance on behalf of insurers licensedunder Chapter 25 (§ 38.2-2500 et seq.) of this title, but only to the extentpermitted under § 38.2-2525.
"NAIC" means the National Association of Insurance Commissioners.
"Negotiate" means the act of conferring directly with or offering advicedirectly to a purchaser or prospective purchaser of a particular contract ofinsurance concerning any of the substantive benefits, terms or conditions ofthe contract, provided that the person engaged in that act either sellsinsurance or obtains insurance from insurers for purchasers.
"Ocean marine insurance authority" means the authority in this Commonwealthto sell, solicit, or negotiate those classes of insurance classified in §38.2-126, except those classes specifically classified as inland marineinsurance, on behalf of insurers licensed in this Commonwealth.
"Optometric services authority" means the authority in this Commonwealth tosell, solicit, or negotiate optometric services plan contracts on behalf ofoptometric services plans licensed under Chapter 45 (§ 38.2-4500 et seq.) ofthis title.
"Personal lines agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate insurance as defined in §§ 38.2-110 through38.2-114, 38.2-116, 38.2-117, 38.2-118, 38.2-124, 38.2-125, 38.2-126,38.2-129, 38.2-130, and 38.2-131 for transactions involving insuranceprimarily for personal, family, or household needs rather than for businessor professional needs.
"Pet accident, sickness and hospitalization insurance authority" means theauthority in this Commonwealth to sell, solicit, or negotiate pet accident,sickness and hospitalization insurance on behalf of insurers licensed in thisCommonwealth.
"Property and casualty insurance agent" means an agent licensed in thisCommonwealth to sell, solicit, or negotiate both personal and commerciallines of insurance as defined in §§ 38.2-110 through 38.2-122.2, and §§38.2-124 through 38.2-134 on behalf of insurers licensed in this Commonwealth.
"Resident" means (i) an individual residing in Virginia; (ii) an individualresiding outside of Virginia whose principal place of business is inVirginia, who is able to demonstrate to the satisfaction of the Commissionthat the laws of his home state prevent him from obtaining a resident agentlicense in that state, and who affirmatively chooses to qualify as and betreated as a resident of Virginia for purposes of licensing and continuingeducation, both in Virginia and in the state in which the individual resides,if applicable; (iii) a partnership duly formed and recorded in Virginia; (iv)a corporation incorporated and existing under the laws of Virginia; (v) alimited liability company organized and existing under the laws of Virginia;or (vi) a foreign business entity that is not licensed as a resident agent inany other jurisdiction, and that demonstrates to the satisfaction of theCommission that its principal place of business is within the Commonwealth ofVirginia.
"Restricted nonresident health agent" means a nonresident agent whoselicense authority in his home state does not include all of the authoritygranted under a health agent license in Virginia. The license issued to suchagent shall authorize the agent to sell, solicit, or negotiate in Virginia,on behalf of insurers licensed in Virginia, only those kinds or classes ofinsurance for which the agent is authorized in his home state.
"Restricted nonresident life and annuities agent" means a nonresidentagent whose license authority in his home state does not include all of theauthority granted under a life and annuities agent license in Virginia. Thelicense issued to such agent shall authorize the agent to sell, solicit, ornegotiate in Virginia, on behalf of insurers licensed in Virginia, only thosekinds or classes of insurance for which the agent is authorized in his homestate.
"Restricted nonresident personal lines agent" means a nonresident agentwhose license authority in his home state does not include all of theauthority granted under a personal lines agent license in Virginia. Thelicense issued to such agent shall authorize the agent to sell, solicit, ornegotiate in Virginia, on behalf of insurers licensed in Virginia, only thosekinds or classes of insurance for which the agent is authorized in his homestate.
"Restricted nonresident property and casualty agent" means a nonresidentagent whose license authority in his home state does not include all of theauthority granted under a property and casualty agent license in Virginia.The license issued to such agent shall authorize the agent to sell, solicit,or negotiate in Virginia, on behalf of insurers licensed in Virginia, onlythose kinds or classes of insurance for which the agent is authorized in hishome state.
"Sell" means to exchange a contract of insurance by any means, for money orits equivalent, on behalf of an insurer.
"Settlement agent" means a person licensed as a title insurance agent andregistered with the Virginia State Bar pursuant to Chapter 1.3 (§ 6.1-2.19 etseq.) of Title 6.1.
"Solicit" means attempting to sell insurance or asking or urging a personto apply for a particular class of insurance from one or more insurers.
"Surety bail bondsman" means a person licensed as a surety bail bondsmanpursuant to Article 11 (§ 9.1-185 et seq.) of Chapter 1 of Title 9.1.
"Surplus lines broker" means a person licensed pursuant to Article 5.1 (§38.2-1857.1 et seq.) of this chapter, and who is thereby authorized to engagein the activities set forth in Chapter 48 (§ 38.2-4800 et seq.) of this title.
"Terminate" means the cancellation of the relationship between an insuranceproducer and the insurer, or the termination of an insurance producer'sauthority to transact insurance.
"Title insurance agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate title insurance, and performing all of theservices set forth in § 38.2-4601.1, on behalf of title insurance companieslicensed under Chapter 46 (§ 38.2-4600 et seq.) of this title.
"Travel accident insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate travel accident insurance toindividuals on behalf of insurers licensed in this Commonwealth.
"Travel baggage insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate travel baggage insurance toindividuals on behalf of insurers licensed in this Commonwealth.
"Uniform Application" means the current version of the NAIC UniformApplication for resident and nonresident producer licensing.
"Uniform Business Entity Application" means the current version of the NAICUniform Business Entity Application for resident and nonresident businessentities.
"Variable contract agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate variable life insurance and variable annuitycontracts on behalf of insurers licensed in this Commonwealth.
"Viatical settlement broker" means a person licensed pursuant to Chapter 60(§ 38.2-6000 et seq.) of this title, in accordance with Article 6.1 (§38.2-1865.1 et seq.) of this chapter, and who is thereby authorized to engagein the activities set forth in Chapter 60 (§ 38.2-6000 et seq.) of this title.
(1979, c. 513, § 38.1-327.1; 1981, c. 604; 1983, c. 480; 1984, c. 719; 1986,c. 562; 1987, cc. 520, 521; 1992, c. 586; 1994, cc. 106, 316; 1995, c. 167;1998, cc. 16, 47, 164; 1999, cc. 86, 490, 493, 586; 2000, c. 526; 2001, c.706; 2003, cc. 412, 717, 979; 2004, cc. 460, 668, 784; 2006, c. 410.)
"Agent," "insurance agent," "producer," or "insurance producer," whenused without qualification, means an individual or business entity thatsells, solicits, or negotiates contracts of insurance or annuity in thisCommonwealth.
"Appointed agent," "appointed insurance agent," "appointed producer,"or "appointed insurance producer," when used without qualification, meansan individual or business entity licensed in this Commonwealth to sell,solicit, or negotiate contracts of insurance or annuity of the classesauthorized within the scope of such license and who is appointed by a companylicensed in this Commonwealth to sell, solicit, or negotiate on its behalfcontracts of insurance of the classes authorized within the scope of suchlicense and, if authorized by the company, may collect premiums on thosecontracts.
"Automobile club authority" means the authority in this Commonwealth tosell, solicit, or negotiate automobile club contracts on behalf of automobileclubs licensed under Chapter 3.1 (§ 13.1-400.1 et seq.) of Title 13.1.
"Business entity" means a partnership, limited partnership, limitedliability company, corporation, or other legal entity other than a soleproprietorship.
"Dental plan organization authority" means the authority in theCommonwealth to sell, solicit, or negotiate dental benefit contracts onbehalf of dental plan organizations licensed under Chapter 61 (§ 38.2-6100 etseq.) of this title.
"Dental services authority" means the authority in this Commonwealth tosell, solicit, or negotiate dental services plan contracts on behalf ofdental services plans licensed under Chapter 45 (§ 38.2-4500 et seq.) of thistitle.
"Filed" means received by the Commission.
"Health agent" means an agent licensed in this Commonwealth to sell,solicit, or negotiate insurance as defined in §§ 38.2-108 and 38.2-109, andincluding contracts issued by insurers, health services plans, healthmaintenance organizations, dental services plans, optometric services plans,and dental plan organizations licensed in this Commonwealth.
"Home protection insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate home protection insurance asdefined in § 38.2-129 on behalf of insurers licensed in this Commonwealth.
"Home state" means the District of Columbia and any state or territory ofthe United States, except Virginia, or any province of Canada, in which aninsurance producer maintains such person's principal place of residence orprincipal place of business and is licensed by that jurisdiction to act as aresident insurance producer.
"Legal services insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate legal services insurance asdefined in § 38.2-127 on behalf of insurers licensed in this Commonwealth.
"License" means a document issued by the Commission authorizing anindividual or business entity to act as an insurance producer for the linesof authority specified in the document. Except as provided in § 38.2-1833,the license itself does not create any authority, actual, apparent orinherent, in the licensee to represent, commit, or bind an insurer.
"Licensed agent," "licensed insurance agent," "licensed producer," or"licensed insurance producer," when used without qualification, means anindividual or business entity licensed in this Commonwealth to sell, solicit,or negotiate contracts of insurance or annuity of the classes authorizedwithin the scope of such license.
"Life and annuities insurance agent" means an agent licensed in thisCommonwealth to sell, solicit, or negotiate life insurance and annuitycontracts as defined in §§ 38.2-102, 38.2-103, 38.2-104, 38.2-105.1,38.2-106, and 38.2-107.1, respectively, on behalf of insurers licensed inthis Commonwealth.
"Limited burial insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate burial insurance societymembership where the certificates of membership will not exceed $10,000 onany individual, on behalf of insurers licensed under Chapter 40 (§ 38.2-4000et seq.) of this title; or to represent an association referred to in §38.2-3318.1, limited to soliciting members of that association for burialassociation group life insurance certificates in amounts of $10,000 or less.
"Limited lines credit insurance agent" means an agent licensed in thisCommonwealth whose authority is restricted to selling, soliciting, ornegotiating, on behalf of insurers licensed in this Commonwealth, one or moreof the following coverages to individuals through a master, corporate, groupor individual policy: (i) credit life insurance and credit accident andsickness insurance, but only to the extent authorized in Chapter 37.1 (§38.2-3717 et seq.) of this title; (ii) credit involuntary unemploymentinsurance as defined in § 38.2-122.1; (iii) credit property insurance, asdefined in § 38.2-122.2; (iv) mortgage accident and sickness insurance; (v)mortgage redemption insurance; (vi) mortgage guaranty insurance; and (vii)any other form of insurance offered in connection with an extension of creditthat is limited to partially or wholly extinguishing that credit obligationand that the Commission specifically determines may be sold, solicited, ornegotiated by those holding a limited lines credit insurance agent license.Each insurer that sells, solicits or negotiates any of the coverages setforth in this definition shall provide to each individual whose duties willinclude selling, soliciting or negotiating such coverages a program ofinstruction that may, at the discretion of the Commission, be submitted forapproval by the Commission or reviewed by the Commission subsequent to itsimplementation.
"Limited lines life and health agent" means an individual or businessentity authorized by the Commission whose license authority to sell, solicit,or negotiate is limited to the following, or any other type of authority thatthe Commission may deem it necessary to recognize for the purposes ofcomplying with § 38.2-1836: dental services authority; limited burialinsurance authority; mutual assessment life and health insurance authority;optometric services authority; travel accident insurance authority; anddental plan organization authority. Limited lines life and health insuranceshall not include life insurance, health insurance, property insurance,casualty insurance, and title insurance.
"Limited lines property and casualty agent" means an individual or businessentity authorized by the Commission whose license authority to sell, solicit,or negotiate is limited to the following, or any other type of authority thatthe Commission may deem it necessary to recognize for the purposes ofcomplying with § 38.2-1836: automobile club authority; home protectioninsurance authority; legal services insurance authority; mutual assessmentproperty and casualty insurance authority; ocean marine insurance authority;pet accident, sickness and hospitalization insurance authority; and travelbaggage insurance authority. Limited lines property and casualty insuranceshall not include life insurance, health insurance, property insurance,casualty insurance, and title insurance.
"Mortgage accident and sickness insurance authority" means the authority inthis Commonwealth to sell, solicit, or negotiate mortgage accident andsickness insurance on behalf of insurers licensed in this Commonwealth.
"Mortgage guaranty insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate mortgage guaranty insurance onbehalf of insurers licensed in this Commonwealth.
"Mortgage redemption insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate mortgage redemption insurance onbehalf of insurers licensed in this Commonwealth. As used in this chapter,"mortgage redemption insurance" means a nonrenewable, nonconvertible,decreasing term life insurance policy written in connection with a mortgagetransaction for a period of time coinciding with the term of the mortgage.The initial sum shall not exceed the amount of the indebtedness outstandingat the time the insurance becomes effective, rounded up to the next $1,000.
"Motor vehicle rental contract enroller" means an unlicensed hourly orsalaried employee of a motor vehicle rental company that is in the businessof providing primarily private motor vehicles to the public under a rentalagreement for a period of less than six months, and receives no direct orindirect commission from the insurer, the renter or the vehicle rentalcompany.
"Motor vehicle rental contract insurance agent" means a person who (i) is aselling agent of a motor vehicle rental company that is in the business ofproviding primarily private passenger motor vehicles to the public under arental agreement for a period of less than six months and (ii) whose licensein this Commonwealth is restricted to selling, soliciting, or negotiatingonly the following insurance coverages, and solely in connection with andincidental to the rental contract:
1. Personal accident insurance that provides benefits in the event ofaccidental death or injury occurring during the rental period;
2. Liability coverage sold to the renter in excess of the rental company'sobligations under §§ 38.2-2204, 38.2-2205, or Title 46.2, as applicable;
3. Personal effects insurance that provides coverages for the loss of ordamage to the personal effects of the renter and other vehicle occupantswhile such personal effects are in or upon the rental vehicle during therental period;
4. Roadside assistance and emergency sickness protection programs; and
5. Other travel-related or vehicle-related insurance coverage that a motorvehicle rental company offers in connection with and incidental to the rentalof vehicles.
The term "motor vehicle rental contract insurance agent" does not includemotor vehicle rental contract enrollers.
"Mutual assessment life and health insurance authority" means the authorityin this Commonwealth to sell, solicit, or negotiate mutual assessment lifeand accident and sickness insurance on behalf of insurers licensed underChapter 39 (§ 38.2-3900 et seq.) of this title, but only to the extentpermitted under § 38.2-3919.
"Mutual assessment property and casualty insurance authority" means theauthority in this Commonwealth to sell, solicit, or negotiate mutualassessment property and casualty insurance on behalf of insurers licensedunder Chapter 25 (§ 38.2-2500 et seq.) of this title, but only to the extentpermitted under § 38.2-2525.
"NAIC" means the National Association of Insurance Commissioners.
"Negotiate" means the act of conferring directly with or offering advicedirectly to a purchaser or prospective purchaser of a particular contract ofinsurance concerning any of the substantive benefits, terms or conditions ofthe contract, provided that the person engaged in that act either sellsinsurance or obtains insurance from insurers for purchasers.
"Ocean marine insurance authority" means the authority in this Commonwealthto sell, solicit, or negotiate those classes of insurance classified in §38.2-126, except those classes specifically classified as inland marineinsurance, on behalf of insurers licensed in this Commonwealth.
"Optometric services authority" means the authority in this Commonwealth tosell, solicit, or negotiate optometric services plan contracts on behalf ofoptometric services plans licensed under Chapter 45 (§ 38.2-4500 et seq.) ofthis title.
"Personal lines agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate insurance as defined in §§ 38.2-110 through38.2-114, 38.2-116, 38.2-117, 38.2-118, 38.2-124, 38.2-125, 38.2-126,38.2-129, 38.2-130, and 38.2-131 for transactions involving insuranceprimarily for personal, family, or household needs rather than for businessor professional needs.
"Pet accident, sickness and hospitalization insurance authority" means theauthority in this Commonwealth to sell, solicit, or negotiate pet accident,sickness and hospitalization insurance on behalf of insurers licensed in thisCommonwealth.
"Property and casualty insurance agent" means an agent licensed in thisCommonwealth to sell, solicit, or negotiate both personal and commerciallines of insurance as defined in §§ 38.2-110 through 38.2-122.2, and §§38.2-124 through 38.2-134 on behalf of insurers licensed in this Commonwealth.
"Resident" means (i) an individual residing in Virginia; (ii) an individualresiding outside of Virginia whose principal place of business is inVirginia, who is able to demonstrate to the satisfaction of the Commissionthat the laws of his home state prevent him from obtaining a resident agentlicense in that state, and who affirmatively chooses to qualify as and betreated as a resident of Virginia for purposes of licensing and continuingeducation, both in Virginia and in the state in which the individual resides,if applicable; (iii) a partnership duly formed and recorded in Virginia; (iv)a corporation incorporated and existing under the laws of Virginia; (v) alimited liability company organized and existing under the laws of Virginia;or (vi) a foreign business entity that is not licensed as a resident agent inany other jurisdiction, and that demonstrates to the satisfaction of theCommission that its principal place of business is within the Commonwealth ofVirginia.
"Restricted nonresident health agent" means a nonresident agent whoselicense authority in his home state does not include all of the authoritygranted under a health agent license in Virginia. The license issued to suchagent shall authorize the agent to sell, solicit, or negotiate in Virginia,on behalf of insurers licensed in Virginia, only those kinds or classes ofinsurance for which the agent is authorized in his home state.
"Restricted nonresident life and annuities agent" means a nonresidentagent whose license authority in his home state does not include all of theauthority granted under a life and annuities agent license in Virginia. Thelicense issued to such agent shall authorize the agent to sell, solicit, ornegotiate in Virginia, on behalf of insurers licensed in Virginia, only thosekinds or classes of insurance for which the agent is authorized in his homestate.
"Restricted nonresident personal lines agent" means a nonresident agentwhose license authority in his home state does not include all of theauthority granted under a personal lines agent license in Virginia. Thelicense issued to such agent shall authorize the agent to sell, solicit, ornegotiate in Virginia, on behalf of insurers licensed in Virginia, only thosekinds or classes of insurance for which the agent is authorized in his homestate.
"Restricted nonresident property and casualty agent" means a nonresidentagent whose license authority in his home state does not include all of theauthority granted under a property and casualty agent license in Virginia.The license issued to such agent shall authorize the agent to sell, solicit,or negotiate in Virginia, on behalf of insurers licensed in Virginia, onlythose kinds or classes of insurance for which the agent is authorized in hishome state.
"Sell" means to exchange a contract of insurance by any means, for money orits equivalent, on behalf of an insurer.
"Settlement agent" means a person licensed as a title insurance agent andregistered with the Virginia State Bar pursuant to Chapter 1.3 (§ 6.1-2.19 etseq.) of Title 6.1.
"Solicit" means attempting to sell insurance or asking or urging a personto apply for a particular class of insurance from one or more insurers.
"Surety bail bondsman" means a person licensed as a surety bail bondsmanpursuant to Article 11 (§ 9.1-185 et seq.) of Chapter 1 of Title 9.1.
"Surplus lines broker" means a person licensed pursuant to Article 5.1 (§38.2-1857.1 et seq.) of this chapter, and who is thereby authorized to engagein the activities set forth in Chapter 48 (§ 38.2-4800 et seq.) of this title.
"Terminate" means the cancellation of the relationship between an insuranceproducer and the insurer, or the termination of an insurance producer'sauthority to transact insurance.
"Title insurance agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate title insurance, and performing all of theservices set forth in § 38.2-4601.1, on behalf of title insurance companieslicensed under Chapter 46 (§ 38.2-4600 et seq.) of this title.
"Travel accident insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate travel accident insurance toindividuals on behalf of insurers licensed in this Commonwealth.
"Travel baggage insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate travel baggage insurance toindividuals on behalf of insurers licensed in this Commonwealth.
"Uniform Application" means the current version of the NAIC UniformApplication for resident and nonresident producer licensing.
"Uniform Business Entity Application" means the current version of the NAICUniform Business Entity Application for resident and nonresident businessentities.
"Variable contract agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate variable life insurance and variable annuitycontracts on behalf of insurers licensed in this Commonwealth.
"Viatical settlement broker" means a person licensed pursuant to Chapter 60(§ 38.2-6000 et seq.) of this title, in accordance with Article 6.1 (§38.2-1865.1 et seq.) of this chapter, and who is thereby authorized to engagein the activities set forth in Chapter 60 (§ 38.2-6000 et seq.) of this title.
(1979, c. 513, § 38.1-327.1; 1981, c. 604; 1983, c. 480; 1984, c. 719; 1986,c. 562; 1987, cc. 520, 521; 1992, c. 586; 1994, cc. 106, 316; 1995, c. 167;1998, cc. 16, 47, 164; 1999, cc. 86, 490, 493, 586; 2000, c. 526; 2001, c.706; 2003, cc. 412, 717, 979; 2004, cc. 460, 668, 784; 2006, c. 410.)
"Agent," "insurance agent," "producer," or "insurance producer," whenused without qualification, means an individual or business entity thatsells, solicits, or negotiates contracts of insurance or annuity in thisCommonwealth.
"Appointed agent," "appointed insurance agent," "appointed producer,"or "appointed insurance producer," when used without qualification, meansan individual or business entity licensed in this Commonwealth to sell,solicit, or negotiate contracts of insurance or annuity of the classesauthorized within the scope of such license and who is appointed by a companylicensed in this Commonwealth to sell, solicit, or negotiate on its behalfcontracts of insurance of the classes authorized within the scope of suchlicense and, if authorized by the company, may collect premiums on thosecontracts.
"Automobile club authority" means the authority in this Commonwealth tosell, solicit, or negotiate automobile club contracts on behalf of automobileclubs licensed under Chapter 3.1 (§ 13.1-400.1 et seq.) of Title 13.1.
"Business entity" means a partnership, limited partnership, limitedliability company, corporation, or other legal entity other than a soleproprietorship.
"Dental plan organization authority" means the authority in theCommonwealth to sell, solicit, or negotiate dental benefit contracts onbehalf of dental plan organizations licensed under Chapter 61 (§ 38.2-6100 etseq.) of this title.
"Dental services authority" means the authority in this Commonwealth tosell, solicit, or negotiate dental services plan contracts on behalf ofdental services plans licensed under Chapter 45 (§ 38.2-4500 et seq.) of thistitle.
"Filed" means received by the Commission.
"Health agent" means an agent licensed in this Commonwealth to sell,solicit, or negotiate insurance as defined in §§ 38.2-108 and 38.2-109, andincluding contracts issued by insurers, health services plans, healthmaintenance organizations, dental services plans, optometric services plans,and dental plan organizations licensed in this Commonwealth.
"Home protection insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate home protection insurance asdefined in § 38.2-129 on behalf of insurers licensed in this Commonwealth.
"Home state" means the District of Columbia and any state or territory ofthe United States, except Virginia, or any province of Canada, in which aninsurance producer maintains such person's principal place of residence orprincipal place of business and is licensed by that jurisdiction to act as aresident insurance producer.
"Legal services insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate legal services insurance asdefined in § 38.2-127 on behalf of insurers licensed in this Commonwealth.
"License" means a document issued by the Commission authorizing anindividual or business entity to act as an insurance producer for the linesof authority specified in the document. Except as provided in § 38.2-1833,the license itself does not create any authority, actual, apparent orinherent, in the licensee to represent, commit, or bind an insurer.
"Licensed agent," "licensed insurance agent," "licensed producer," or"licensed insurance producer," when used without qualification, means anindividual or business entity licensed in this Commonwealth to sell, solicit,or negotiate contracts of insurance or annuity of the classes authorizedwithin the scope of such license.
"Life and annuities insurance agent" means an agent licensed in thisCommonwealth to sell, solicit, or negotiate life insurance and annuitycontracts as defined in §§ 38.2-102, 38.2-103, 38.2-104, 38.2-105.1,38.2-106, and 38.2-107.1, respectively, on behalf of insurers licensed inthis Commonwealth.
"Limited burial insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate burial insurance societymembership where the certificates of membership will not exceed $10,000 onany individual, on behalf of insurers licensed under Chapter 40 (§ 38.2-4000et seq.) of this title; or to represent an association referred to in §38.2-3318.1, limited to soliciting members of that association for burialassociation group life insurance certificates in amounts of $10,000 or less.
"Limited lines credit insurance agent" means an agent licensed in thisCommonwealth whose authority is restricted to selling, soliciting, ornegotiating, on behalf of insurers licensed in this Commonwealth, one or moreof the following coverages to individuals through a master, corporate, groupor individual policy: (i) credit life insurance and credit accident andsickness insurance, but only to the extent authorized in Chapter 37.1 (§38.2-3717 et seq.) of this title; (ii) credit involuntary unemploymentinsurance as defined in § 38.2-122.1; (iii) credit property insurance, asdefined in § 38.2-122.2; (iv) mortgage accident and sickness insurance; (v)mortgage redemption insurance; (vi) mortgage guaranty insurance; and (vii)any other form of insurance offered in connection with an extension of creditthat is limited to partially or wholly extinguishing that credit obligationand that the Commission specifically determines may be sold, solicited, ornegotiated by those holding a limited lines credit insurance agent license.Each insurer that sells, solicits or negotiates any of the coverages setforth in this definition shall provide to each individual whose duties willinclude selling, soliciting or negotiating such coverages a program ofinstruction that may, at the discretion of the Commission, be submitted forapproval by the Commission or reviewed by the Commission subsequent to itsimplementation.
"Limited lines life and health agent" means an individual or businessentity authorized by the Commission whose license authority to sell, solicit,or negotiate is limited to the following, or any other type of authority thatthe Commission may deem it necessary to recognize for the purposes ofcomplying with § 38.2-1836: dental services authority; limited burialinsurance authority; mutual assessment life and health insurance authority;optometric services authority; travel accident insurance authority; anddental plan organization authority. Limited lines life and health insuranceshall not include life insurance, health insurance, property insurance,casualty insurance, and title insurance.
"Limited lines property and casualty agent" means an individual or businessentity authorized by the Commission whose license authority to sell, solicit,or negotiate is limited to the following, or any other type of authority thatthe Commission may deem it necessary to recognize for the purposes ofcomplying with § 38.2-1836: automobile club authority; home protectioninsurance authority; legal services insurance authority; mutual assessmentproperty and casualty insurance authority; ocean marine insurance authority;pet accident, sickness and hospitalization insurance authority; and travelbaggage insurance authority. Limited lines property and casualty insuranceshall not include life insurance, health insurance, property insurance,casualty insurance, and title insurance.
"Mortgage accident and sickness insurance authority" means the authority inthis Commonwealth to sell, solicit, or negotiate mortgage accident andsickness insurance on behalf of insurers licensed in this Commonwealth.
"Mortgage guaranty insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate mortgage guaranty insurance onbehalf of insurers licensed in this Commonwealth.
"Mortgage redemption insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate mortgage redemption insurance onbehalf of insurers licensed in this Commonwealth. As used in this chapter,"mortgage redemption insurance" means a nonrenewable, nonconvertible,decreasing term life insurance policy written in connection with a mortgagetransaction for a period of time coinciding with the term of the mortgage.The initial sum shall not exceed the amount of the indebtedness outstandingat the time the insurance becomes effective, rounded up to the next $1,000.
"Motor vehicle rental contract enroller" means an unlicensed hourly orsalaried employee of a motor vehicle rental company that is in the businessof providing primarily private motor vehicles to the public under a rentalagreement for a period of less than six months, and receives no direct orindirect commission from the insurer, the renter or the vehicle rentalcompany.
"Motor vehicle rental contract insurance agent" means a person who (i) is aselling agent of a motor vehicle rental company that is in the business ofproviding primarily private passenger motor vehicles to the public under arental agreement for a period of less than six months and (ii) whose licensein this Commonwealth is restricted to selling, soliciting, or negotiatingonly the following insurance coverages, and solely in connection with andincidental to the rental contract:
1. Personal accident insurance that provides benefits in the event ofaccidental death or injury occurring during the rental period;
2. Liability coverage sold to the renter in excess of the rental company'sobligations under §§ 38.2-2204, 38.2-2205, or Title 46.2, as applicable;
3. Personal effects insurance that provides coverages for the loss of ordamage to the personal effects of the renter and other vehicle occupantswhile such personal effects are in or upon the rental vehicle during therental period;
4. Roadside assistance and emergency sickness protection programs; and
5. Other travel-related or vehicle-related insurance coverage that a motorvehicle rental company offers in connection with and incidental to the rentalof vehicles.
The term "motor vehicle rental contract insurance agent" does not includemotor vehicle rental contract enrollers.
"Mutual assessment life and health insurance authority" means the authorityin this Commonwealth to sell, solicit, or negotiate mutual assessment lifeand accident and sickness insurance on behalf of insurers licensed underChapter 39 (§ 38.2-3900 et seq.) of this title, but only to the extentpermitted under § 38.2-3919.
"Mutual assessment property and casualty insurance authority" means theauthority in this Commonwealth to sell, solicit, or negotiate mutualassessment property and casualty insurance on behalf of insurers licensedunder Chapter 25 (§ 38.2-2500 et seq.) of this title, but only to the extentpermitted under § 38.2-2525.
"NAIC" means the National Association of Insurance Commissioners.
"Negotiate" means the act of conferring directly with or offering advicedirectly to a purchaser or prospective purchaser of a particular contract ofinsurance concerning any of the substantive benefits, terms or conditions ofthe contract, provided that the person engaged in that act either sellsinsurance or obtains insurance from insurers for purchasers.
"Ocean marine insurance authority" means the authority in this Commonwealthto sell, solicit, or negotiate those classes of insurance classified in §38.2-126, except those classes specifically classified as inland marineinsurance, on behalf of insurers licensed in this Commonwealth.
"Optometric services authority" means the authority in this Commonwealth tosell, solicit, or negotiate optometric services plan contracts on behalf ofoptometric services plans licensed under Chapter 45 (§ 38.2-4500 et seq.) ofthis title.
"Personal lines agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate insurance as defined in §§ 38.2-110 through38.2-114, 38.2-116, 38.2-117, 38.2-118, 38.2-124, 38.2-125, 38.2-126,38.2-129, 38.2-130, and 38.2-131 for transactions involving insuranceprimarily for personal, family, or household needs rather than for businessor professional needs.
"Pet accident, sickness and hospitalization insurance authority" means theauthority in this Commonwealth to sell, solicit, or negotiate pet accident,sickness and hospitalization insurance on behalf of insurers licensed in thisCommonwealth.
"Property and casualty insurance agent" means an agent licensed in thisCommonwealth to sell, solicit, or negotiate both personal and commerciallines of insurance as defined in §§ 38.2-110 through 38.2-122.2, and §§38.2-124 through 38.2-134 on behalf of insurers licensed in this Commonwealth.
"Resident" means (i) an individual residing in Virginia; (ii) an individualresiding outside of Virginia whose principal place of business is inVirginia, who is able to demonstrate to the satisfaction of the Commissionthat the laws of his home state prevent him from obtaining a resident agentlicense in that state, and who affirmatively chooses to qualify as and betreated as a resident of Virginia for purposes of licensing and continuingeducation, both in Virginia and in the state in which the individual resides,if applicable; (iii) a partnership duly formed and recorded in Virginia; (iv)a corporation incorporated and existing under the laws of Virginia; (v) alimited liability company organized and existing under the laws of Virginia;or (vi) a foreign business entity that is not licensed as a resident agent inany other jurisdiction, and that demonstrates to the satisfaction of theCommission that its principal place of business is within the Commonwealth ofVirginia.
"Restricted nonresident health agent" means a nonresident agent whoselicense authority in his home state does not include all of the authoritygranted under a health agent license in Virginia. The license issued to suchagent shall authorize the agent to sell, solicit, or negotiate in Virginia,on behalf of insurers licensed in Virginia, only those kinds or classes ofinsurance for which the agent is authorized in his home state.
"Restricted nonresident life and annuities agent" means a nonresidentagent whose license authority in his home state does not include all of theauthority granted under a life and annuities agent license in Virginia. Thelicense issued to such agent shall authorize the agent to sell, solicit, ornegotiate in Virginia, on behalf of insurers licensed in Virginia, only thosekinds or classes of insurance for which the agent is authorized in his homestate.
"Restricted nonresident personal lines agent" means a nonresident agentwhose license authority in his home state does not include all of theauthority granted under a personal lines agent license in Virginia. Thelicense issued to such agent shall authorize the agent to sell, solicit, ornegotiate in Virginia, on behalf of insurers licensed in Virginia, only thosekinds or classes of insurance for which the agent is authorized in his homestate.
"Restricted nonresident property and casualty agent" means a nonresidentagent whose license authority in his home state does not include all of theauthority granted under a property and casualty agent license in Virginia.The license issued to such agent shall authorize the agent to sell, solicit,or negotiate in Virginia, on behalf of insurers licensed in Virginia, onlythose kinds or classes of insurance for which the agent is authorized in hishome state.
"Sell" means to exchange a contract of insurance by any means, for money orits equivalent, on behalf of an insurer.
"Settlement agent" means a person licensed as a title insurance agent andregistered with the Virginia State Bar pursuant to Chapter 1.3 (§ 6.1-2.19 etseq.) of Title 6.1.
"Solicit" means attempting to sell insurance or asking or urging a personto apply for a particular class of insurance from one or more insurers.
"Surety bail bondsman" means a person licensed as a surety bail bondsmanpursuant to Article 11 (§ 9.1-185 et seq.) of Chapter 1 of Title 9.1.
"Surplus lines broker" means a person licensed pursuant to Article 5.1 (§38.2-1857.1 et seq.) of this chapter, and who is thereby authorized to engagein the activities set forth in Chapter 48 (§ 38.2-4800 et seq.) of this title.
"Terminate" means the cancellation of the relationship between an insuranceproducer and the insurer, or the termination of an insurance producer'sauthority to transact insurance.
"Title insurance agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate title insurance, and performing all of theservices set forth in § 38.2-4601.1, on behalf of title insurance companieslicensed under Chapter 46 (§ 38.2-4600 et seq.) of this title.
"Travel accident insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate travel accident insurance toindividuals on behalf of insurers licensed in this Commonwealth.
"Travel baggage insurance authority" means the authority in thisCommonwealth to sell, solicit, or negotiate travel baggage insurance toindividuals on behalf of insurers licensed in this Commonwealth.
"Uniform Application" means the current version of the NAIC UniformApplication for resident and nonresident producer licensing.
"Uniform Business Entity Application" means the current version of the NAICUniform Business Entity Application for resident and nonresident businessentities.
"Variable contract agent" means an agent licensed in this Commonwealth tosell, solicit, or negotiate variable life insurance and variable annuitycontracts on behalf of insurers licensed in this Commonwealth.
"Viatical settlement broker" means a person licensed pursuant to Chapter 60(§ 38.2-6000 et seq.) of this title, in accordance with Article 6.1 (§38.2-1865.1 et seq.) of this chapter, and who is thereby authorized to engagein the activities set forth in Chapter 60 (§ 38.2-6000 et seq.) of this title.
(1979, c. 513, § 38.1-327.1; 1981, c. 604; 1983, c. 480; 1984, c. 719; 1986,c. 562; 1987, cc. 520, 521; 1992, c. 586; 1994, cc. 106, 316; 1995, c. 167;1998, cc. 16, 47, 164; 1999, cc. 86, 490, 493, 586; 2000, c. 526; 2001, c.706; 2003, cc. 412, 717, 979; 2004, cc. 460, 668, 784; 2006, c. 410.)
