{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-4805.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-4805.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-4805.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-4805.2.html"}],"law_id":362709,"edition_id":2,"section_id":362709,"structure_id":51786,"section_number":"38.2-4805.2","catch_line":"Definitions","history":"2011, c. 498; 2018, c. 205.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\n“Admitted insurer” means an insurer licensed in the Commonwealth to engage in the business of insurance.\n\n“Domestic surplus lines insurer” means a domestic surplus lines insurer licensed by the Commission pursuant to \u00a7 38.2-1024 with which a surplus lines broker may place surplus lines insurance.\n\n“Eligible nonadmitted insurer” means a nonadmitted insurer approved by the Commission pursuant to \u00a7 38.2-4811 or a domestic surplus lines insurer licensed by the Commission pursuant to \u00a7 38.2-1024 with which a surplus lines broker may place surplus lines insurance.\n\n“Home state” means (i) the state in which an insured maintains its principal place of business or, in the case of an individual, the individual’s principal residence or (ii) if 100 percent of the insured risk is located out of the state referred to in clause (i), “home state” means the state to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated. When more than one insured from an affiliated group are named insureds on a single insurance contract, “home state” means the state of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract.\n\n“NAIC” means the National Association of Insurance Commissioners.\n\n“Nonadmitted insurer” means an insurer not licensed to engage in the business of insurance in this Commonwealth. “Nonadmitted insurer” does not include a risk retention group as defined in \u00a7 38.2-5101.\n\n“Principal place of business” means the state where the insured maintains its headquarters and where the insured’s high-level officers direct, control, and coordinate the business activities of the insured.\n\n“Property and casualty insurance” means the classes of insurance defined in \u00a7\u00a7 38.2-109 through 38.2-122.2 and \u00a7\u00a7 38.2-124 through 38.2-134.\n\n“Surplus lines broker” means an individual or business entity licensed pursuant to Article 5.1 (\u00a7 38.2-1857.1 et seq.) of Chapter 18 to sell, solicit, or negotiate insurance on properties, risks, or exposures located or to be performed in the Commonwealth with eligible nonadmitted insurers.\n\n“Surplus lines insurance” means any property and casualty insurance permitted to be placed directly by an insured or through a surplus lines broker with an eligible nonadmitted insurer.\n\n","order_by":null,"text":{"0":{"id":1350831,"text":"As used in this chapter, unless the context requires a different meaning:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1350832,"text":"“Admitted insurer” means an insurer licensed in the Commonwealth to engage in the business of insurance.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1350833,"text":"“Domestic surplus lines insurer” means a domestic surplus lines insurer licensed by the Commission pursuant to \u00a7 38.2-1024 with which a surplus lines broker may place surplus lines insurance.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1350834,"text":"“Eligible nonadmitted insurer” means a nonadmitted insurer approved by the Commission pursuant to \u00a7 38.2-4811 or a domestic surplus lines insurer licensed by the Commission pursuant to \u00a7 38.2-1024 with which a surplus lines broker may place surplus lines insurance.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"4":{"id":1350835,"text":"“Home state” means (i) the state in which an insured maintains its principal place of business or, in the case of an individual, the individual’s principal residence or (ii) if 100 percent of the insured risk is located out of the state referred to in clause (i), “home state” means the state to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated. When more than one insured from an affiliated group are named insureds on a single insurance contract, “home state” means the state of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"5":{"id":1350836,"text":"“NAIC” means the National Association of Insurance Commissioners.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"6":{"id":1350837,"text":"“Nonadmitted insurer” means an insurer not licensed to engage in the business of insurance in this Commonwealth. “Nonadmitted insurer” does not include a risk retention group as defined in \u00a7 38.2-5101.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"7":{"id":1350838,"text":"“Principal place of business” means the state where the insured maintains its headquarters and where the insured’s high-level officers direct, control, and coordinate the business activities of the insured.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"8":{"id":1350839,"text":"“Property and casualty insurance” means the classes of insurance defined in \u00a7\u00a7 38.2-109 through 38.2-122.2 and \u00a7\u00a7 38.2-124 through 38.2-134.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"9":{"id":1350840,"text":"“Surplus lines broker” means an individual or business entity licensed pursuant to Article 5.1 (\u00a7 38.2-1857.1 et seq.) of Chapter 18 to sell, solicit, or negotiate insurance on properties, risks, or exposures located or to be performed in the Commonwealth with eligible nonadmitted insurers.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"10":{"id":1350841,"text":"“Surplus lines insurance” means any property and casualty insurance permitted to be placed directly by an insured or through a surplus lines broker with an eligible nonadmitted insurer.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":51786,"edition_id":2,"name":"Surplus Lines Insurance Law","identifier":"48","label":"chapter","depth":2,"order_by":50,"parent_id":51644,"metadata":{"child_laws":16,"child_structures":0},"date_created":"2026-08-02 02:48:46","date_modified":"2026-08-02 12:33:20","permalink":{"id":1444291,"object_type":"structure","relational_id":51786,"identifier":"48","token":"38.2\/48","url":"\/38.2\/48\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51644,"edition_id":2,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":88,"parent_id":null,"metadata":{"child_laws":1890,"child_structures":173},"date_created":"2026-08-02 02:45:30","date_modified":"2026-08-02 12:32:55","permalink":{"id":1437663,"object_type":"structure","relational_id":51644,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":362707,"structure_id":51786,"section_number":"38.2-4800","catch_line":"Repealed","url":"\/38.2-4800\/","token":"38.2\/48\/38.2-4800","metadata":false},{"id":362708,"structure_id":51786,"section_number":"38.2-4805.1","catch_line":"Application of chapter","url":"\/38.2-4805.1\/","token":"38.2\/48\/38.2-4805.1","metadata":false},{"id":362709,"structure_id":51786,"section_number":"38.2-4805.2","catch_line":"Definitions","url":"\/38.2-4805.2\/","token":"38.2\/48\/38.2-4805.2","metadata":false},{"id":362710,"structure_id":51786,"section_number":"38.2-4806","catch_line":"Notice to insured that insurance is placed with an eligible nonadmitted insurer required","url":"\/38.2-4806\/","token":"38.2\/48\/38.2-4806","metadata":{"court_decisions":""}},{"id":362711,"structure_id":51786,"section_number":"38.2-4807","catch_line":"Licensees to keep records and file annual statement of policies","url":"\/38.2-4807\/","token":"38.2\/48\/38.2-4807","metadata":false},{"id":362712,"structure_id":51786,"section_number":"38.2-4808","catch_line":"Effect of payment to surplus lines broker","url":"\/38.2-4808\/","token":"38.2\/48\/38.2-4808","metadata":{"court_decisions":""}},{"id":362714,"structure_id":51786,"section_number":"38.2-4809","catch_line":"Licensees to pay license taxes on insurers","url":"\/38.2-4809\/","token":"38.2\/48\/38.2-4809","metadata":false},{"id":362713,"structure_id":51786,"section_number":"38.2-4809.1","catch_line":"Licensees to pay assessments on insurers","url":"\/38.2-4809.1\/","token":"38.2\/48\/38.2-4809.1","metadata":false},{"id":362715,"structure_id":51786,"section_number":"38.2-4810","catch_line":"Issuance and delivery of surplus lines policies; prior authority or information required","url":"\/38.2-4810\/","token":"38.2\/48\/38.2-4810","metadata":false},{"id":362717,"structure_id":51786,"section_number":"38.2-4811","catch_line":"Surplus lines coverage to be placed with eligible nonadmitted insurers","url":"\/38.2-4811\/","token":"38.2\/48\/38.2-4811","metadata":false},{"id":362716,"structure_id":51786,"section_number":"38.2-4811.1","catch_line":"Surplus lines coverage placed with domestic surplus lines insurers","url":"\/38.2-4811.1\/","token":"38.2\/48\/38.2-4811.1","metadata":false},{"id":362718,"structure_id":51786,"section_number":"38.2-4812","catch_line":"Surplus lines insurers subject to Unlicensed Insurers Process","url":"\/38.2-4812\/","token":"38.2\/48\/38.2-4812","metadata":false},{"id":362719,"structure_id":51786,"section_number":"38.2-4813","catch_line":"Commission to make rules and regulations","url":"\/38.2-4813\/","token":"38.2\/48\/38.2-4813","metadata":false},{"id":362720,"structure_id":51786,"section_number":"38.2-4814","catch_line":"Penalties","url":"\/38.2-4814\/","token":"38.2\/48\/38.2-4814","metadata":false},{"id":362721,"structure_id":51786,"section_number":"38.2-4815","catch_line":"Effect on other provisions of Title 38.2","url":"\/38.2-4815\/","token":"38.2\/48\/38.2-4815","metadata":false},{"id":362722,"structure_id":51786,"section_number":"38.2-4816","catch_line":"Exchange of information","url":"\/38.2-4816\/","token":"38.2\/48\/38.2-4816","metadata":false}],"previous_section":{"id":362708,"structure_id":51786,"section_number":"38.2-4805.1","catch_line":"Application of chapter","url":"\/38.2-4805.1\/","token":"38.2\/48\/38.2-4805.1","metadata":false},"next_section":{"id":362710,"structure_id":51786,"section_number":"38.2-4806","catch_line":"Notice to insured that insurance is placed with an eligible nonadmitted insurer required","url":"\/38.2-4806\/","token":"38.2\/48\/38.2-4806","metadata":{"court_decisions":""}},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-4805.2\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 498<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2018, chapter 205<\/a>.<\/p>","references":[{"id":361615,"section_number":"38.2-1857.1","catch_line":"Property and casualty insurance agents may be licensed as surplus lines brokers for certain insurance from eligible nonadmitted insurers","order_by":null,"url":"\/38.2-1857.1\/"},{"id":362708,"section_number":"38.2-4805.1","catch_line":"Application of chapter","order_by":null,"url":"\/38.2-4805.1\/"},{"id":365316,"section_number":"46.2-2099.19:1","catch_line":"TNC broker insurance","order_by":null,"url":"\/46.2-2099.19_1\/"},{"id":365336,"section_number":"46.2-2099.52","catch_line":"TNC insurance","order_by":null,"url":"\/46.2-2099.52\/"},{"id":365395,"section_number":"46.2-2143.2","catch_line":"Special insurance provisions for certain carriers","order_by":null,"url":"\/46.2-2143.2\/"}],"refers_to":[{"id":361164,"section_number":"38.2-1024","catch_line":"License required to transact the business of insurance; application fee requirements for license","order_by":null,"url":"\/38.2-1024\/"},{"id":361210,"section_number":"38.2-109","catch_line":"Accident and sickness","order_by":null,"url":"\/38.2-109\/"},{"id":361254,"section_number":"38.2-122.2","catch_line":"Credit property insurance","order_by":null,"url":"\/38.2-122.2\/"},{"id":361269,"section_number":"38.2-124","catch_line":"Motor vehicle","order_by":null,"url":"\/38.2-124\/"},{"id":361361,"section_number":"38.2-134","catch_line":"Definitions to include other insurance of same general kind","order_by":null,"url":"\/38.2-134\/"},{"id":361615,"section_number":"38.2-1857.1","catch_line":"Property and casualty insurance agents may be licensed as surplus lines brokers for certain insurance from eligible nonadmitted insurers","order_by":null,"url":"\/38.2-1857.1\/"},{"id":362717,"section_number":"38.2-4811","catch_line":"Surplus lines coverage to be placed with eligible nonadmitted insurers","order_by":null,"url":"\/38.2-4811\/"},{"id":362797,"section_number":"38.2-5101","catch_line":"Definitions","order_by":null,"url":"\/38.2-5101\/"}],"permalink":{"id":1444301,"object_type":"law","relational_id":362709,"identifier":"38.2-4805.2","token":"38.2\/48\/38.2-4805.2","url":"\/38.2-4805.2\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-4805.2\/","token":"38.2\/48\/38.2-4805.2","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-4805.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:<\/p>

“Admitted insurer<\/span>” means an insurer licensed in the Commonwealth to engage in the business of insurance<\/span>.<\/p>

“Domestic surplus lines insurer<\/span>” means a domestic surplus lines insurer<\/span> licensed by the Commission<\/span> pursuant to \u00a7 38.2-1024<\/a> with which a surplus lines broker<\/span> may place surplus lines insurance<\/span>.<\/p>

“Eligible nonadmitted insurer<\/span>” means a nonadmitted insurer approved by the Commission<\/span> pursuant to \u00a7 38.2-4811<\/a> or a domestic surplus lines insurer<\/span> licensed by the Commission<\/span> pursuant to \u00a7 38.2-1024<\/a> with which a surplus lines broker<\/span> may place surplus lines insurance<\/span>.<\/p>

“Home state<\/span>” means (i) the state in which an insured maintains its principal place of business<\/span> or, in the case of an individual, the individual’s principal residence or (ii) if 100 percent of the insured risk is located out of the state referred to in clause (i), “home state<\/span>” means the state to which the greatest percentage of the insured’s taxable premium for that insurance contract<\/span> is allocated. When more than one insured from an affiliated group are named insureds on a single insurance contract<\/span>, “home state<\/span>” means the state of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract<\/span>.<\/p>

“NAIC<\/span>” means the National Association of Insurance Commissioners<\/span>.<\/p>

“Nonadmitted insurer” means an insurer not licensed to engage in the business of insurance in this Commonwealth. “Nonadmitted insurer” does not include a risk retention group as defined in \u00a7 38.2-5101<\/a>.<\/p>

“Principal place of business<\/span>” means the state where the insured maintains its headquarters and where the insured’s high-level officers direct, control, and coordinate the business activities of the insured.<\/p>

“Property and casualty insurance<\/span>” means the classes of insurance defined in \u00a7\u00a7 38.2-109<\/a> through 38.2-122.2<\/a> and \u00a7\u00a7 38.2-124<\/a> through 38.2-134<\/a>.<\/p>

“Surplus lines broker<\/span>” means an individual or business entity licensed pursuant to Article 5.1 (\u00a7 38.2-1857.1<\/a> et seq.) of Chapter 18 to sell, solicit, or negotiate insurance on properties, risks, or exposures located or to be performed in the Commonwealth with eligible nonadmitted insurers<\/span>.<\/p>

“Surplus lines insurance<\/span>” means any property and casualty insurance<\/span> permitted to be placed directly by an insured or through a surplus lines broker<\/span> with an eligible nonadmitted insurer<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 38.2-4805.2)\n\nAs used in this chapter, unless the context requires a different meaning:\n\n“Admitted insurer” means an insurer licensed in the Commonwealth to\nengage in the business of insurance.\n\n“Domestic surplus lines insurer” means a domestic surplus lines\ninsurer licensed by the Commission pursuant to \u00a7 38.2-1024 with which a surplus\nlines broker may place surplus lines insurance.\n\n“Eligible nonadmitted insurer” means a nonadmitted insurer approved\nby the Commission pursuant to \u00a7 38.2-4811 or a domestic surplus lines insurer\nlicensed by the Commission pursuant to \u00a7 38.2-1024 with which a surplus lines\nbroker may place surplus lines insurance.\n\n“Home state” means (i) the state in which an insured maintains its\nprincipal place of business or, in the case of an individual, the\nindividual’s principal residence or (ii) if 100 percent of the insured\nrisk is located out of the state referred to in clause (i), “home\nstate” means the state to which the greatest percentage of the\ninsured’s taxable premium for that insurance contract is allocated. When\nmore than one insured from an affiliated group are named insureds on a single\ninsurance contract, “home state” means the state of the member of\nthe affiliated group that has the largest percentage of premium attributed to it\nunder such insurance contract.\n\n“NAIC” means the National Association of Insurance Commissioners.\n\n“Nonadmitted insurer” means an insurer not licensed to engage in the\nbusiness of insurance in this Commonwealth. “Nonadmitted insurer”\ndoes not include a risk retention group as defined in \u00a7 38.2-5101.\n\n“Principal place of business” means the state where the insured\nmaintains its headquarters and where the insured’s high-level officers\ndirect, control, and coordinate the business activities of the insured.\n\n“Property and casualty insurance” means the classes of insurance\ndefined in \u00a7\u00a7 38.2-109 through 38.2-122.2 and \u00a7\u00a7 38.2-124 through 38.2-134.\n\n“Surplus lines broker” means an individual or business entity\nlicensed pursuant to Article 5.1 (\u00a7 38.2-1857.1 et seq.) of Chapter 18 to sell,\nsolicit, or negotiate insurance on properties, risks, or exposures located or to\nbe performed in the Commonwealth with eligible nonadmitted insurers.\n\n“Surplus lines insurance” means any property and casualty insurance\npermitted to be placed directly by an insured or through a surplus lines broker\nwith an eligible nonadmitted insurer.\n\nHISTORY: 2011, c. 498; 2018, c. 205.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}