{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-5109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-5109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-5109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-5109.html"}],"law_id":362805,"edition_id":2,"section_id":362805,"structure_id":51793,"section_number":"38.2-5109","catch_line":"Restrictions on insurance purchased by purchasing groups","history":"1987, c. 585; 1992, c. 588.","full_text":"A\n\nA purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.\n\nB\n\nNo purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.\n\n","order_by":null,"text":{"0":{"id":1351299,"text":"A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1351300,"text":"No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51793,"edition_id":2,"name":"Risk Retention Groups and Purchasing Groups","identifier":"51","label":"chapter","depth":2,"order_by":53,"parent_id":51644,"metadata":{"child_laws":16,"child_structures":0},"date_created":"2026-08-02 02:48:55","date_modified":"2026-08-02 12:33:20","permalink":{"id":1444709,"object_type":"structure","relational_id":51793,"identifier":"51","token":"38.2\/51","url":"\/38.2\/51\/","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":362796,"structure_id":51793,"section_number":"38.2-5100","catch_line":"Purpose","url":"\/38.2-5100\/","token":"38.2\/51\/38.2-5100","metadata":false},{"id":362797,"structure_id":51793,"section_number":"38.2-5101","catch_line":"Definitions","url":"\/38.2-5101\/","token":"38.2\/51\/38.2-5101","metadata":false},{"id":362798,"structure_id":51793,"section_number":"38.2-5102","catch_line":"Risk retention groups chartered in this Commonwealth","url":"\/38.2-5102\/","token":"38.2\/51\/38.2-5102","metadata":{"court_decisions":""}},{"id":362799,"structure_id":51793,"section_number":"38.2-5103","catch_line":"Risk retention groups not chartered in this Commonwealth","url":"\/38.2-5103\/","token":"38.2\/51\/38.2-5103","metadata":false},{"id":362800,"structure_id":51793,"section_number":"38.2-5104","catch_line":"Associations","url":"\/38.2-5104\/","token":"38.2\/51\/38.2-5104","metadata":false},{"id":362801,"structure_id":51793,"section_number":"38.2-5105","catch_line":"Repealed","url":"\/38.2-5105\/","token":"38.2\/51\/38.2-5105","metadata":false},{"id":362802,"structure_id":51793,"section_number":"38.2-5106","catch_line":"Purchasing groups; exemption from certain laws relating to the group purchase of insurance","url":"\/38.2-5106\/","token":"38.2\/51\/38.2-5106","metadata":false},{"id":362803,"structure_id":51793,"section_number":"38.2-5107","catch_line":"Insurers; exemptions from certain laws relating to the group purchase of insurance","url":"\/38.2-5107\/","token":"38.2\/51\/38.2-5107","metadata":false},{"id":362804,"structure_id":51793,"section_number":"38.2-5108","catch_line":"Notice and registration requirements of purchasing groups","url":"\/38.2-5108\/","token":"38.2\/51\/38.2-5108","metadata":false},{"id":362805,"structure_id":51793,"section_number":"38.2-5109","catch_line":"Restrictions on insurance purchased by purchasing groups","url":"\/38.2-5109\/","token":"38.2\/51\/38.2-5109","metadata":false},{"id":362807,"structure_id":51793,"section_number":"38.2-5110","catch_line":"Commission's authority regarding risk retention groups and purchasing groups","url":"\/38.2-5110\/","token":"38.2\/51\/38.2-5110","metadata":{"court_decisions":{"0":{"name":"National Home Insurance v. State Corp. Commission","case_number":"Civ. A. No. 93-1006-A","citation":"838 F. Supp. 1104","date":"1993-12-03","url":"https:\/\/www.courtlistener.com\/opinion\/8721694\/national-home-insurance-v-state-corp-commission\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":362808,"structure_id":51793,"section_number":"38.2-5111","catch_line":"Penalties","url":"\/38.2-5111\/","token":"38.2\/51\/38.2-5111","metadata":false},{"id":362809,"structure_id":51793,"section_number":"38.2-5112","catch_line":"Duty on agents or brokers","url":"\/38.2-5112\/","token":"38.2\/51\/38.2-5112","metadata":false},{"id":362810,"structure_id":51793,"section_number":"38.2-5113","catch_line":"Financial responsibility policy form or coverage requirements","url":"\/38.2-5113\/","token":"38.2\/51\/38.2-5113","metadata":false},{"id":362811,"structure_id":51793,"section_number":"38.2-5114","catch_line":"Application of other state laws to persons or corporations","url":"\/38.2-5114\/","token":"38.2\/51\/38.2-5114","metadata":false},{"id":362812,"structure_id":51793,"section_number":"38.2-5115","catch_line":"Binding effect of orders issued in U.S. District Court","url":"\/38.2-5115\/","token":"38.2\/51\/38.2-5115","metadata":false}],"previous_section":{"id":362804,"structure_id":51793,"section_number":"38.2-5108","catch_line":"Notice and registration requirements of purchasing groups","url":"\/38.2-5108\/","token":"38.2\/51\/38.2-5108","metadata":false},"next_section":{"id":362807,"structure_id":51793,"section_number":"38.2-5110","catch_line":"Commission's authority regarding risk retention groups and purchasing groups","url":"\/38.2-5110\/","token":"38.2\/51\/38.2-5110","metadata":{"court_decisions":{"0":{"name":"National Home Insurance v. State Corp. Commission","case_number":"Civ. A. No. 93-1006-A","citation":"838 F. Supp. 1104","date":"1993-12-03","url":"https:\/\/www.courtlistener.com\/opinion\/8721694\/national-home-insurance-v-state-corp-commission\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5109\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 585 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. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. 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 1992, chapter 588.<\/p>","references":false,"refers_to":false,"permalink":{"id":1444747,"object_type":"law","relational_id":362805,"identifier":"38.2-5109","token":"38.2\/51\/38.2-5109","url":"\/38.2-5109\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-5109\/","token":"38.2\/51\/38.2-5109","dublin_core":{"Title":"Restrictions on insurance purchased by purchasing groups","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A purchasing group<\/span> may not purchase insurance<\/span> from a risk retention group<\/span> that is not chartered in a state<\/span> or from an insurer<\/span> not admitted in the state<\/span> in which the purchasing group<\/span> is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws<\/span> and regulations of such state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No purchasing group<\/span> may purchase insurance<\/span> providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESTRICTIONS ON INSURANCE PURCHASED BY PURCHASING GROUPS (\u00a7 38.2-5109)\n\nA. A purchasing group may not purchase insurance from a risk retention group\nthat is not chartered in a state or from an insurer not admitted in the state in\nwhich the purchasing group is located, unless the purchase is effected through a\nlicensed agent or broker acting pursuant to the surplus lines laws and\nregulations of such state.\n\nB. No purchasing group may purchase insurance providing for a deductible or\nself-insured retention applicable to the group as a whole; however, coverage may\nprovide for a deductible or self-insured retention applicable to individual\nmembers.\n\nHISTORY: 1987, c. 585; 1992, c. 588.","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"}}