38.2-1801 - Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency relationship. - Virginia Statutes

§ 38.2-1801. Person soliciting insurance deemed agent of insurer; prohibitionagainst misrepresenting agency relationship.

A. A licensed agent shall be held to be the agent of the insurer that issuedthe insurance sold, solicited, or negotiated by such agent in any controversybetween the insured or his beneficiary and the insurer. No licensed agent orany other person shall claim to be a representative of, authorized agent of,agent of, or other term implying an appointed relationship with a particularinsurer unless such agent has become an appointed agent of that insurer. Forthe purpose of notice of claim or suit, the agent or producer of record shallbe deemed to be the agent of the insurer. In the case of policies of lifeinsurance, accident and sickness insurance, annuities and variable annuities,such notice shall be given to the insurer at its home office as shown in thepolicy of insurance.

B. A premium payment made by an insured to an agent, whether appointed by aninsurer or not, or to a surplus lines broker, where the insurer or itsappointed agent acknowledged specific insurance for a specific policy periodby the issuance of a policy, written binder, or other contract of temporaryinsurance, whether new or renewal, shall be considered payment to theinsurer, and such insurer shall be liable to the insured for (i) any coveredlosses under the insurance and (ii) the return to the insured of any unearnedpremium amount due the insured except as provided in subsection D of §38.2-1806.

C. Except as provided in subsection D of § 38.2-1806, where premiums for theissuance of a policy or endorsement have been financed by an insurancepremium finance company and payment and evidence of financing for such policyor endorsement have been received by the insurer or its appointed agent, theinsurer shall be liable for the return to the insurance premium financecompany of any unearned premium due the insurance premium finance company.

(Code 1950, § 38.1-292; 1952, c. 317; 1979, c. 513, § 38.1-327.2; 1986, c.562; 1987, c. 521; 1988, c. 229; 1989, c. 543; 1993, c. 145; 2001, c. 706.)