76886938.2-1802Virginia Decodedhttps://vacode.org2016InsuranceInsurance AgentsDefinitions And General ProvisionsActing as agent for unlicensed insurer prohibited; penaltiesCode 1950, § 38.1-281; 1952, c. 317; 1956, c. 173; 1979, c. 513, § 38.1-327.3; 1982, c. 264; 1983, c. 480; 1986, c. 562; 1987, cc. 519, 521; 2001, c. 706. . . . Food Lion, Incorporated v. S. L. Nusbaum Insurance Agency, . . . 99-1058202 F.3d 2232000-01-12https://www.courtlistener.com/opinion/767473/food-lion-incorporated-v-s-l-nusbaum-insurance-agency-incorporated-r/Court of Appeals for the Fourth CircuitFood Lion Inc v. S. L. Nusbaum99-10582000-01-12https://www.courtlistener.com/opinion/2967129/food-lion-inc-v-s-l-nusbaum/ . . . Nusbaum and Francis under § 38.2-1802 of the Code of Virginia. . . . Court of Appeals for the Fourth Circuithttp://law.lis.virginia.gov/vacode/38.2-1802/38.2-1831Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license/38.2-1831/38.2-218Penalties and restitution payments/38.2-218//38.2-1802/38.2/18/1/38.2-180238.2-1857.138.2-4805.1No person other than a licensed surplus lines broker shall sell, solicit, or negotiate contracts of insurance in this Commonwealth on behalf of any insurer which is not licensed to transact the business of insurance in this Commonwealth. Nothing in this section shall prohibit any person from obtaining insurance upon his own life or property from an unlicensed insurer.sectionAA1Any person violating the provisions of this section shall be guilty upon conviction of a Class 1 misdemeanor and punished for each offense. In addition, any person violating this section shall be (i) liable on any claim against any unlicensed insurer that arises out of a contract or policy sold, solicited, or negotiated by the person or which the person assisted in selling, soliciting, or negotiating, or (ii) punished as provided in §§ 38.2-218 and 38.2-1831, or (iii) subject to both (i) and (ii).sectionBB1Nothing in this section shall apply to the selling, soliciting, or negotiating of contracts of insurance on:sectionCC1 The rolling stock and operating properties of railroads used in interstate commerce or of any liability or other risks incidental to their ownership, maintenance or operation.sectionC2C22A property and casualty or limited lines property and casualty agent licensed in this Commonwealth who, pursuant to the provisions of subdivision C 1, sells, solicits, or negotiates ocean marine insurance on behalf of any insurer not licensed to transact the business of insurance in this Commonwealth shall provide a notice to the insured stating that the insurance policy is to be placed with an insurer not licensed to transact the business of insurance in the Commonwealth and stating that (i) in the event of the insolvency of the insurer, there is no protection under the Virginia Property and Casualty Insurance Guaranty Association against financial loss to claimants or policyholders because of the insolvency of an unlicensed insurer, and (ii) the insured may not be protected under the insurance laws of this Commonwealth. The notice required by this subsection shall be in a form prescribed by the Commission and shall be signed and dated by the agent and the insured. The signatures required by this subsection may be in electronic form. The agent shall keep a copy of the notice for at least three years after the effective date of the policy to which the notice pertains. A copy of the notice shall be given to the insured prior to placement of the insurance.sectionDD1