79212838.2-1834.1Virginia Decodedhttps://vacode.org2016InsuranceInsurance AgentsLicensing And Appointment Of Agents.Notification to Commission of termination; notice to agent; immunities; confidentiality; penalties2001, c. 706; 2002, c. 296; 2008, c. 303.Gibbs v. PFS Investments, Inc.2:02cv266209 F. Supp. 2d 6202002-07-11https://www.courtlistener.com/opinion/2425133/gibbs-v-pfs-investments-inc/ . . . Insurance Bureau, as mandated by Virginia Code § 38.2-1834.1. (Id., Ex. K.) Each of the reports . . . District Court, E.D. Virginiahttp://law.lis.virginia.gov/vacode/38.2-1834.1/38.2-1356Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license/38.2-1356/38.2-1363Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license/38.2-1363/38.2-1831Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license/38.2-1831/38.2-1843Grounds for placing on probation, refusal to issue or renew, revocation or suspension of license/38.2-1843/38.2-200General powers of the Commission relative to insurance/38.2-200//38.2-1834.1/38.2/18/3/38.2-1834.138.2-1834An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with an agent or other licensee under this chapter shall notify the Commission within thirty calendar days following the effective date of the termination, using a format prescribed by the Commission, if the reason for termination is one of the reasons set forth in § 38.2-1831 or the insurer has knowledge the agent was found by a court, government body, or legally authorized self-regulatory organization authorized by law to have engaged in any of the activities in § 38.2-1356, 38.2-1363, 38.2-1831 or 38.2-1843. The propriety of any such termination for cause shall be certified in writing by an officer or authorized representative of the insurer or agent terminating the relationship. Upon the written request of the Commission, the insurer shall provide additional information, documents, records or other data pertaining to the termination or activity of the agent or other licensee.sectionAA1The insurer or the authorized representative of the insurer shall promptly notify the Commission in a format acceptable to the Commission if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the Commission in accordance with subsection A had the insurer then known of its existence.sectionBB1 In the absence of actual malice, an insurer, the authorized representative of the insurer, a producer, the Commission, authorized representatives of the Commission, the NAIC, its affiliates or subsidiaries, or state, federal, and international law-enforcement authorities shall not be subject to civil liability, and a civil cause of action of any nature shall not arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to this section or any information relating to any statement that may be requested in writing by the Commission, from an insurer or agent, or a statement by a terminating insurer or agent to an insurer or agent limited solely and exclusively to whether a termination for cause under subsection A was reported to the Commission, provided that the propriety of any termination for cause under subsection A is certified in writing, pursuant to subsection A of this section, by an officer or authorized representative of the insurer or agent terminating the relationship.sectionD1D12 In any action brought against a person that may have immunity under subdivision 1 for making any statement required by this section or providing any information relating to any statement that may be requested by the Commission, the party bringing the action shall plead specifically in any allegation that subdivision 1 does not apply because the person making the statement or providing the information did so with actual malice.sectionD2D22 Subdivision 1 or 2 shall not abrogate or modify any existing statutory or common law privileges or immunities.sectionD3D32 Neither the Commission nor any person who received documents, materials or other information while acting under the authority of the Commission shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subdivision 1.sectionE2E22 May share documents, material or other information, including the confidential and privileged documents, materials or information subject to subdivision 1, with other state, federal, and international regulatory agencies, with the NAIC, its affiliates or subsidiaries, and with local, state, federal, and international law-enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material or other information.sectionE3aE3a3 May receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, from the NAIC, its affiliates or subsidiaries and from regulatory and law-enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information.sectionE3bE3b3 No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commission under this section or as a result of sharing as authorized in subdivision 3.sectionE4E42 Nothing in this chapter shall prohibit the Commission from releasing final, adjudicated actions including for cause terminations that are open to public inspection pursuant to Chapter 4 (§ 12.1-18 et seq.) of Title 12.1 to a database or other clearinghouse service maintained by the NAIC, its affiliates or subsidiaries of the NAIC.sectionE5E52An insurer, the authorized representative of the insurer, or agent that fails to report as required under the provisions of this section or that is found to have reported with actual malice by a court of competent jurisdiction may, after notice and an opportunity to be heard, have its license or certificate of authority suspended or revoked and may be fined in accordance with Chapter 2 (§ 38.2-200 et seq.) of this title.sectionFF1