Bill Text: VA HB871 | 2012 | Regular Session | Chaptered
Bill Title: Limited burial insurance authority; changes definition.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-03-30 - Governor: Acts of Assembly Chapter text (CHAP0447) [HB871 Detail]
Download: Virginia-2012-HB871-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That § 38.2-1800 of the Code of Virginia is amended and reenacted as follows: § 38.2-1800. Definitions. As used in this chapter: "Agent," "insurance agent,"
"producer," or "insurance producer," when used without
qualification, means an individual or business entity that sells, solicits, or
negotiates contracts of insurance or annuity in "Appointed agent," "appointed insurance
agent," "appointed producer," or "appointed insurance
producer," when used without qualification, means an individual or
business entity licensed in "Automobile club authority" means the authority in "Business entity" means a partnership, limited partnership, limited liability company, corporation, or other legal entity other than a sole proprietorship. "Dental plan organization authority" means the
authority in the Commonwealth to sell, solicit, or negotiate dental benefit
contracts on behalf of dental plan organizations licensed under Chapter 61 (§ 38.2-6100
et seq.) "Dental services authority" means the authority in "Filed" means received by the Commission. "Health agent" means an agent licensed in "Home protection insurance authority" means the
authority in "Home state" means the District of Columbia and any state or territory of the United States, except Virginia, or any province of Canada, in which an insurance producer maintains such person's principal place of residence or principal place of business and is licensed by that jurisdiction to act as a resident insurance producer. "Legal services insurance authority" means the
authority in "License" means a document issued by the Commission authorizing an individual or business entity to act as an insurance producer for the lines of authority specified in the document. Except as provided in § 38.2-1833, the license itself does not create any authority, actual, apparent or inherent, 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 an individual or
business entity licensed in "Life and annuities insurance agent" means an agent
licensed in "Limited burial insurance authority" means the authority
in "Limited lines credit insurance agent" means an
agent licensed in "Limited lines life and health agent" means an individual or business entity authorized by the Commission whose license authority to sell, solicit, or negotiate is limited to the following, or any other type of authority that the Commission may deem it necessary to recognize for the purposes of complying with § 38.2-1836: dental services authority; limited burial insurance authority; mutual assessment life and health insurance authority; optometric services authority; travel accident insurance authority; and dental plan organization authority. Limited lines life and health insurance shall not include life insurance, health insurance, property insurance, casualty insurance, and title insurance. "Limited lines property and casualty agent" means an individual or business entity authorized by the Commission whose license authority to sell, solicit, or negotiate is limited to the following, or any other type of authority that the Commission may deem it necessary to recognize for the purposes of complying with § 38.2-1836: automobile club authority; home protection insurance authority; legal services insurance authority; mutual assessment property and casualty insurance authority; ocean marine insurance authority; pet accident, sickness and hospitalization insurance authority; portable electronics insurance authority; and travel baggage insurance authority. Limited lines property and casualty insurance shall not include life insurance, health insurance, property insurance, casualty insurance, and title insurance. "Mortgage accident and sickness insurance authority"
means the authority in "Mortgage guaranty insurance authority" means the
authority in "Mortgage redemption insurance authority" means the
authority in "Motor vehicle rental contract enroller" means an unlicensed hourly or salaried employee of a motor vehicle rental company that is in the business of providing primarily private motor vehicles to the public under a rental agreement for a period of less than six months, and receives no direct or indirect commission from the insurer, the renter or the vehicle rental company. "Motor vehicle rental contract insurance agent"
means a person who (i) is a selling agent of a motor vehicle rental company
that is in the business of providing primarily private passenger motor vehicles
to the public under a rental agreement for a period of less than six months and
(ii) whose license in 1. Personal accident insurance that provides benefits in the event of accidental death or injury occurring during the rental period; 2. Liability coverage sold to the renter in excess of the
rental company's obligations under § 3. Personal effects insurance that provides coverages for the loss of or damage to the personal effects of the renter and other vehicle occupants while such personal effects are in or upon the rental vehicle during the rental period; 4. Roadside assistance and emergency sickness protection programs; and 5. Other travel-related or vehicle-related insurance coverage that a motor vehicle rental company offers in connection with and incidental to the rental of vehicles. The term "motor vehicle rental contract insurance agent" does not include motor vehicle rental contract enrollers. "Mutual assessment life and health insurance
authority" means the authority in "Mutual assessment property and casualty insurance
authority" means the authority in "NAIC" means the National Association of Insurance Commissioners. "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. "Ocean marine insurance authority" means the
authority in "Optometric services authority" means the authority
in "Personal lines agent" means an agent licensed in "Pet accident, sickness and hospitalization insurance authority"
means the authority in "Property and casualty insurance agent" means an
agent licensed in "Resident" means (i) an individual residing in Virginia; (ii) an individual residing outside of Virginia whose principal place of business is in Virginia, who is able to demonstrate to the satisfaction of the Commission that the laws of his home state prevent him from obtaining a resident agent license in that state, and who affirmatively chooses to qualify as and be treated as a resident of Virginia for purposes of licensing and continuing education, 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) a limited liability company organized and existing under the laws of Virginia; or (vi) a foreign business entity that is not licensed as a resident agent in any other jurisdiction, and that demonstrates to the satisfaction of the Commission that its principal place of business is within the Commonwealth of Virginia. "Restricted nonresident health agent" means a nonresident agent whose license authority in his home state does not include all of the authority granted under a health 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, only those kinds or classes of insurance for which the agent is authorized in his home state. "Restricted nonresident life and annuities agent" means a nonresident agent whose license authority in his home state does not include all of the authority granted under a life and annuities 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, only those kinds or classes of insurance for which the agent is authorized in his home state. "Restricted nonresident personal lines agent" means a nonresident agent whose license authority in his home state does not include all of the authority granted under a personal lines 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, only those kinds or classes of insurance for which the agent is authorized in his home state. "Restricted nonresident property and casualty agent" means a nonresident agent whose license authority in his home state does not include all of the authority 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, only those kinds or classes of insurance for which the agent is authorized in his home state. "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer. "Settlement agent" means a person licensed as a title insurance agent and registered with the Virginia State Bar pursuant to Chapter 27.3 (§ 55-525.16 et seq.) of Title 55. "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular class of insurance from one or more insurers. "Surety bail bondsman" means a person licensed as a surety bail bondsman pursuant 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 engage in the activities set forth in Chapter 48 (§ 38.2-4800
et seq.) "Terminate" means the cancellation of the relationship between an insurance producer and the insurer, or the termination of an insurance producer's authority to transact insurance. "Title insurance agent" means an agent licensed in "Travel accident insurance authority" means the
authority in "Travel baggage insurance authority" means the
authority in "Uniform Application" means the current version of the NAIC Uniform Application for resident and nonresident producer licensing. "Uniform Business Entity Application" means the current version of the NAIC Uniform Business Entity Application for resident and nonresident business entities. "Variable contract agent" means an agent licensed in
"Viatical settlement broker" means a person licensed
pursuant to Chapter 60 (§ 38.2-6000 et seq.) |