{"law_id":"769211","section_number":"38.2-1857.7","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","history":"2001, c. 706; 2011, c. 498.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/38.2-1857.7\/","refers_to":[{"id":"770114","section_number":"38.2-218","catch_line":"Penalties and restitution payments","url":"\/38.2-218\/"}],"url":"\/38.2-1857.7\/","token":"38.2\/18\/5.1\/38.2-1857.7","structure":{"1":{"id":"2480","name":"Licensing Of Surplus Lines Brokers","identifier":"5.1","label":"article","url":"\/38.2\/18\/5.1\/"},"2":{"id":"66","name":"Insurance Agents","identifier":"18","label":"chapter","url":"\/38.2\/18\/"},"3":{"id":"7","name":"Insurance","identifier":"38.2","label":"title","url":"\/38.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"769211","structure_id":"2480","full_text":" The Commission may, in addition to or in lieu of a penalty imposed under \u00a7 38.2-218, place on probation, suspend, revoke or refuse to issue or renew any surplus lines broker&#8217;s license for any one or more of the following causes:\r\r","text":{"0":{"id":"2479425","text":"The Commission may, in addition to or in lieu of a penalty imposed under \u00a7 38.2-218, place on probation, suspend, revoke or refuse to issue or renew any surplus lines broker&#8217;s license for any one or more of the following causes:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1},"1":{"id":"2479426","text":" Providing materially incorrect, misleading, incomplete or untrue information in the license application or any other document filed with the Commission;","type":"section","prefixes":["","1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":2},"2":{"id":"2479427","text":" Violating any insurance laws, or violating any regulation, subpoena or order of the Commission or of another state&#8217;s insurance regulatory authority;","type":"section","prefixes":["","2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":2},"3":{"id":"2479428","text":" Obtaining or attempting to obtain a license through misrepresentation or fraud;","type":"section","prefixes":["","3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":2},"4":{"id":"2479429","text":" Improperly withholding, misappropriating or converting any moneys or properties received in the course of doing business;","type":"section","prefixes":["","4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":2},"5":{"id":"2479430","text":" Engaging in the practice of rebating;","type":"section","prefixes":["","5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":2},"6":{"id":"2479431","text":" Engaging in twisting or any form thereof, where &#8220;twisting&#8221; means inducing an insured to terminate an existing policy and purchase a new policy through misrepresentation;","type":"section","prefixes":["","6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":2},"7":{"id":"2479432","text":" Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;","type":"section","prefixes":["","7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":2},"8":{"id":"2479433","text":" Having been convicted of a felony;","type":"section","prefixes":["","8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":2},"9":{"id":"2479434","text":" Having admitted or been found to have committed any insurance unfair trade practice or fraud;","type":"section","prefixes":["","9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":2},"10":{"id":"2479435","text":" Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, or untrustworthiness in the conduct of business in this Commonwealth or elsewhere, or demonstrating financial irresponsibility in the handling of applicant, policyholder, agency, or insurance company funds;","type":"section","prefixes":["","10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":2},"11":{"id":"2479436","text":" Having an insurance producer, surplus lines broker, or consultant license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory;","type":"section","prefixes":["","11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":2},"12":{"id":"2479437","text":" Forging another&#8217;s name to an application for insurance or to any document related to an insurance transaction;","type":"section","prefixes":["","12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":2},"13":{"id":"2479438","text":" Improperly using notes or any other reference material to complete an examination for an insurance license;","type":"section","prefixes":["","13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":2},"14":{"id":"2479439","text":" Knowingly accepting insurance business from an individual who is not licensed;","type":"section","prefixes":["","14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":2},"15":{"id":"2479440","text":" Failing to comply with an administrative or court order imposing a child support obligation; or","type":"section","prefixes":["","15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":2},"16":{"id":"2479441","text":" Failing to pay state income or premium license tax or comply with any administrative or court order directing payment of state income tax.","type":"section","prefixes":["","16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":2}},"ancestry":{"1":{"id":"2480","name":"Licensing Of Surplus Lines Brokers","identifier":"5.1","label":"article","url":"\/38.2\/18\/5.1\/"},"2":{"id":"66","name":"Insurance Agents","identifier":"18","label":"chapter","url":"\/38.2\/18\/"},"3":{"id":"7","name":"Insurance","identifier":"38.2","label":"title","url":"\/38.2\/"}},"structure_contents":{"0":{"id":"772863","structure_id":"2480","section_number":"38.2-1857.1","catch_line":"Property and casualty insurance agents may be licensed as surplus lines brokers for certain insurance from unlicensed insurers","url":"\/38.2-1857.1\/","token":"38.2\/18\/5.1\/38.2-1857.1"},"1":{"id":"783222","structure_id":"2480","section_number":"38.2-1857.2","catch_line":"Applications for surplus lines brokers' licenses","url":"\/38.2-1857.2\/","token":"38.2\/18\/5.1\/38.2-1857.2"},"2":{"id":"776960","structure_id":"2480","section_number":"38.2-1857.3","catch_line":"Fees for surplus lines brokers' licenses","url":"\/38.2-1857.3\/","token":"38.2\/18\/5.1\/38.2-1857.3"},"3":{"id":"788373","structure_id":"2480","section_number":"38.2-1857.4","catch_line":"Term of licenses; renewal","url":"\/38.2-1857.4\/","token":"38.2\/18\/5.1\/38.2-1857.4"},"4":{"id":"783667","structure_id":"2480","section_number":"38.2-1857.5","catch_line":"Requirement to report to Commission","url":"\/38.2-1857.5\/","token":"38.2\/18\/5.1\/38.2-1857.5"},"5":{"id":"791679","structure_id":"2480","section_number":"38.2-1857.6","catch_line":"Accepting and placing surplus lines business","url":"\/38.2-1857.6\/","token":"38.2\/18\/5.1\/38.2-1857.6"},"6":{"id":"769211","structure_id":"2480","section_number":"38.2-1857.7","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1857.7\/","token":"38.2\/18\/5.1\/38.2-1857.7"},"7":{"id":"774870","structure_id":"2480","section_number":"38.2-1857.8","catch_line":"Refusal to issue and revocation of license; hearing; new application","url":"\/38.2-1857.8\/","token":"38.2\/18\/5.1\/38.2-1857.8"},"8":{"id":"792834","structure_id":"2480","section_number":"38.2-1857.9","catch_line":"Licensing nonresidents; clerk of the Commission to be appointed agent for service of process; reciprocal agreements with other states and Canadian provinces","url":"\/38.2-1857.9\/","token":"38.2\/18\/5.1\/38.2-1857.9"}},"previous_section":{"id":"791679","structure_id":"2480","section_number":"38.2-1857.6","catch_line":"Accepting and placing surplus lines business","url":"\/38.2-1857.6\/","token":"38.2\/18\/5.1\/38.2-1857.6"},"next_section":{"id":"774870","structure_id":"2480","section_number":"38.2-1857.8","catch_line":"Refusal to issue and revocation of license; hearing; new application","url":"\/38.2-1857.8\/","token":"38.2\/18\/5.1\/38.2-1857.8"},"references":false,"formats":{"txt":"\/38.2-1857.7.txt","json":"\/38.2-1857.7.json","xml":"\/38.2-1857.7.xml"},"dublin_core":{"Title":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1857.7","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nGROUNDS FOR PLACING ON PROBATION, REFUSAL TO ISSUE OR RENEW, REVOCATION, OR\nSUSPENSION OF LICENSE (\u00a7 38.2-1857.7)\n\nThe Commission may, in addition to or in lieu of a penalty imposed under \u00a7\n38.2-218, place on probation, suspend, revoke or refuse to issue or renew any\nsurplus lines broker&#8217;s license for any one or more of the following\ncauses:\n\n   1.  Providing materially incorrect, misleading, incomplete or untrue\n   information in the license application or any other document filed with the\n   Commission;\n\n   2.  Violating any insurance laws, or violating any regulation, subpoena or\n   order of the Commission or of another state&#8217;s insurance regulatory\n   authority;\n\n   3.  Obtaining or attempting to obtain a license through misrepresentation or\n   fraud;\n\n   4.  Improperly withholding, misappropriating or converting any moneys or\n   properties received in the course of doing business;\n\n   5.  Engaging in the practice of rebating;\n\n   6.  Engaging in twisting or any form thereof, where &#8220;twisting&#8221;\n   means inducing an insured to terminate an existing policy and purchase a new\n   policy through misrepresentation;\n\n   7.  Intentionally misrepresenting the terms of an actual or proposed insurance\n   contract or application for insurance;\n\n   8.  Having been convicted of a felony;\n\n   9.  Having admitted or been found to have committed any insurance unfair trade\n   practice or fraud;\n\n   10.  Using fraudulent, coercive, or dishonest practices, or demonstrating\n   incompetence, or untrustworthiness in the conduct of business in this\n   Commonwealth or elsewhere, or demonstrating financial irresponsibility in the\n   handling of applicant, policyholder, agency, or insurance company funds;\n\n   11.  Having an insurance producer, surplus lines broker, or consultant\n   license, or its equivalent, denied, suspended or revoked in any other state,\n   province, district or territory;\n\n   12.  Forging another&#8217;s name to an application for insurance or to any\n   document related to an insurance transaction;\n\n   13.  Improperly using notes or any other reference material to complete an\n   examination for an insurance license;\n\n   14.  Knowingly accepting insurance business from an individual who is not\n   licensed;\n\n   15.  Failing to comply with an administrative or court order imposing a child\n   support obligation; or\n\n   16.  Failing to pay state income or premium license tax or comply with any\n   administrative or court order directing payment of state income tax.\n\nHISTORY: 2001, c. 706; 2011, c. 498."}