{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-1616.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-1616.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-1616.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-1616.html"}],"law_id":361506,"edition_id":2,"section_id":361506,"structure_id":51684,"section_number":"38.2-1616","catch_line":"Stay of proceedings against insolvent insurer; setting aside judgment, etc.; access to records","history":"1970, c. 766, \u00a7 38.1-773; 1986, c. 562; 1987, c. 529.","full_text":"A\n\nAll proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this Commonwealth shall be stayed for up to six months and such additional time thereafter as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in the Commonwealth, whichever is later, to permit proper defense by the Association of all pending causes of action. For any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the Association either on its own behalf or on behalf of the insured may apply to have the judgment, order, decision, verdict or finding set aside by the same court or administrator that made the judgment, order, decision, verdict or finding and shall be permitted to defend against the claim on the merits.\n\nB\n\nThe liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter shall permit access by the board or its authorized representatives to such of the insolvent insurer&#8217;s records which are necessary for the board in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver or statutory successor shall provide the board or its representative with copies of such records upon the request by the board and at the expense of the board.\n\n","order_by":null,"text":{"0":{"id":1345536,"text":"All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this Commonwealth shall be stayed for up to six months and such additional time thereafter as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in the Commonwealth, whichever is later, to permit proper defense by the Association of all pending causes of action. For any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the Association either on its own behalf or on behalf of the insured may apply to have the judgment, order, decision, verdict or finding set aside by the same court or administrator that made the judgment, order, decision, verdict or finding and shall be permitted to defend against the claim on the merits.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1345537,"text":"The liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter shall permit access by the board or its authorized representatives to such of the insolvent insurer&#8217;s records which are necessary for the board in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver or statutory successor shall provide the board or its representative with copies of such records upon the request by the board and at the expense of the board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51684,"edition_id":2,"name":"Establishment and Operation of the Association","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":51683,"metadata":{"child_laws":19,"child_structures":0},"date_created":"2026-08-02 02:46:23","date_modified":"2026-08-02 12:33:03","permalink":{"id":1439215,"object_type":"structure","relational_id":51684,"identifier":"1","token":"38.2\/16\/1","url":"\/38.2\/16\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51683,"edition_id":2,"name":"Virginia Property and Casualty Insurance Guaranty Association","identifier":"16","label":"chapter","depth":2,"order_by":16,"parent_id":51644,"metadata":{"child_laws":25,"child_structures":2},"date_created":"2026-08-02 02:46:23","date_modified":"2026-08-02 12:33:03","permalink":{"id":1439213,"object_type":"structure","relational_id":51683,"identifier":"16","token":"38.2\/16","url":"\/38.2\/16\/","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":361489,"structure_id":51684,"section_number":"38.2-1600","catch_line":"Purpose","url":"\/38.2-1600\/","token":"38.2\/16\/1\/38.2-1600","metadata":false},{"id":361490,"structure_id":51684,"section_number":"38.2-1601","catch_line":"Application","url":"\/38.2-1601\/","token":"38.2\/16\/1\/38.2-1601","metadata":false},{"id":361491,"structure_id":51684,"section_number":"38.2-1602","catch_line":"Liberal construction","url":"\/38.2-1602\/","token":"38.2\/16\/1\/38.2-1602","metadata":false},{"id":361492,"structure_id":51684,"section_number":"38.2-1603","catch_line":"Definitions","url":"\/38.2-1603\/","token":"38.2\/16\/1\/38.2-1603","metadata":false},{"id":361493,"structure_id":51684,"section_number":"38.2-1604","catch_line":"Association created; members; divided into three accounts","url":"\/38.2-1604\/","token":"38.2\/16\/1\/38.2-1604","metadata":false},{"id":361494,"structure_id":51684,"section_number":"38.2-1605","catch_line":"Board of directors","url":"\/38.2-1605\/","token":"38.2\/16\/1\/38.2-1605","metadata":false},{"id":361495,"structure_id":51684,"section_number":"38.2-1606","catch_line":"Duties and powers of Association","url":"\/38.2-1606\/","token":"38.2\/16\/1\/38.2-1606","metadata":{"court_decisions":{"0":{"name":"Miller v. Potomac Hospital Foundation","case_number":"0751072","citation":"653 S.E.2d 592","date":"2007-12-11","url":"https:\/\/www.courtlistener.com\/opinion\/1062910\/miller-v-potomac-hospital-foundation\/","abstract":" .\u202f.\u202f. 653 S.E.2d 592 (2007) .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"1":{"name":"Franklin Mortgage Corp. v. Walker","case_number":"Record No. 0725-86-4","citation":"367 S.E.2d 191","date":"1988-04-05","url":"https:\/\/www.courtlistener.com\/opinion\/1225849\/franklin-mortgage-corp-v-walker\/","abstract":" .\u202f.\u202f. Opinion .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"2":{"name":"RB&F Coal, Incorporated v. Deloris Mullins","case_number":"15-1656","citation":"842 F.3d 279","date":"2016-11-18","url":"https:\/\/www.courtlistener.com\/opinion\/4322787\/rbf-coal-incorporated-v-deloris-mullins\/","abstract":" .\u202f.\u202f. Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge WILKINSON and Judge .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"3":{"name":" .\u202f.\u202f. Boyd & Stevenson Coal Co. v. Director, Office of Workers' .\u202f.\u202f. ","case_number":"02-1088","citation":"407 F.3d 663","date":"2005-07-21","url":"https:\/\/www.courtlistener.com\/opinion\/2968172\/boyd-stevenson-coal-co-v-director-office-of-workers-compensation\/","abstract":" .\u202f.\u202f. Vacated and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"4":{"name":" .\u202f.\u202f. Boyd And Stevenson Coal Company v. Director, Office Of .\u202f.\u202f. ","case_number":"02-1088","citation":"407 F.3d 663","date":"2005-07-21","url":"https:\/\/www.courtlistener.com\/opinion\/790203\/boyd-and-stevenson-coal-company-v-director-office-of-workers\/","abstract":" .\u202f.\u202f. 407 F.3d 663 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"5":{"name":"Uninsured Employer's Fund v. Mounts","case_number":"2116963","citation":"484 S.E.2d 140","date":"1997-04-22","url":"https:\/\/www.courtlistener.com\/opinion\/1067492\/uninsured-employers-fund-v-mounts\/","abstract":" .\u202f.\u202f. 484 S.E.2d 140 (1997) .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"6":{"name":"Uninsured Employer's Fund v. Mounts","case_number":"Record 971074","citation":"497 S.E.2d 464","date":"1998-02-27","url":"https:\/\/www.courtlistener.com\/opinion\/1059926\/uninsured-employers-fund-v-mounts\/","abstract":" .\u202f.\u202f. 497 S.E.2d 464 (1998) .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"7":{"name":" .\u202f.\u202f. Northland Insurance v. Virginia Property & Casualty .\u202f.\u202f. ","case_number":"Record No. 891388","citation":"240 Va. 115","date":"1990-06-08","url":"https:\/\/www.courtlistener.com\/opinion\/6929590\/northland-insurance-v-virginia-property-casualty-insurance-guaranty\/","abstract":" .\u202f.\u202f. JUSTICE WHITING .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"8":{"name":"Northland Ins. v. Va. Prop. & Cas. Ins.","case_number":"Record No. 891388","citation":"392 S.E.2d 682","date":"1990-06-08","url":"https:\/\/www.courtlistener.com\/opinion\/1303366\/northland-ins-v-va-prop-cas-ins\/","abstract":" .\u202f.\u202f. 392 S.E.2d 682 (1990) .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"9":{"name":"Uninsured Employer's Fund v. Flanary","case_number":"1521973","citation":"497 S.E.2d 912","date":"1998-04-21","url":"https:\/\/www.courtlistener.com\/opinion\/1066923\/uninsured-employers-fund-v-flanary\/","abstract":" .\u202f.\u202f. 497 S.E.2d 912 (1998) .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"}}}},{"id":361496,"structure_id":51684,"section_number":"38.2-1607","catch_line":"Plan of operation","url":"\/38.2-1607\/","token":"38.2\/16\/1\/38.2-1607","metadata":{"court_decisions":""}},{"id":361497,"structure_id":51684,"section_number":"38.2-1608","catch_line":"Duties and powers of Commission; judicial review","url":"\/38.2-1608\/","token":"38.2\/16\/1\/38.2-1608","metadata":{"court_decisions":""}},{"id":361498,"structure_id":51684,"section_number":"38.2-1609","catch_line":"Insured's rights and liabilities; settlements binding on receiver or liquidator; priority of claims; statements to be filed with receiver or liquidator","url":"\/38.2-1609\/","token":"38.2\/16\/1\/38.2-1609","metadata":{"court_decisions":""}},{"id":361499,"structure_id":51684,"section_number":"38.2-1610","catch_line":"Exhaustion of remedies under policy; claims recoverable from more than one association","url":"\/38.2-1610\/","token":"38.2\/16\/1\/38.2-1610","metadata":{"court_decisions":{"0":{"name":"Uninsured Employer's Fund v. Flanary","case_number":"1521973","citation":"497 S.E.2d 912","date":"1998-04-21","url":"https:\/\/www.courtlistener.com\/opinion\/1066923\/uninsured-employers-fund-v-flanary\/","abstract":" .\u202f.\u202f. 497 S.E.2d 912 (1998) .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"1":{"name":" .\u202f.\u202f. Northland Insurance v. Virginia Property & Casualty .\u202f.\u202f. ","case_number":"Record No. 891388","citation":"240 Va. 115","date":"1990-06-08","url":"https:\/\/www.courtlistener.com\/opinion\/6929590\/northland-insurance-v-virginia-property-casualty-insurance-guaranty\/","abstract":" .\u202f.\u202f. JUSTICE WHITING .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"2":{"name":"Northland Ins. v. Va. Prop. & Cas. Ins.","case_number":"Record No. 891388","citation":"392 S.E.2d 682","date":"1990-06-08","url":"https:\/\/www.courtlistener.com\/opinion\/1303366\/northland-ins-v-va-prop-cas-ins\/","abstract":" .\u202f.\u202f. 392 S.E.2d 682 (1990) .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"}}}},{"id":361501,"structure_id":51684,"section_number":"38.2-1611","catch_line":"Aids in detection and prevention of insurer insolvencies","url":"\/38.2-1611\/","token":"38.2\/16\/1\/38.2-1611","metadata":{"court_decisions":""}},{"id":361500,"structure_id":51684,"section_number":"38.2-1611.1","catch_line":"Tax write-offs of certificates of contribution","url":"\/38.2-1611.1\/","token":"38.2\/16\/1\/38.2-1611.1","metadata":false},{"id":361502,"structure_id":51684,"section_number":"38.2-1612","catch_line":"Examination and regulation of Association by Commission; annual financial report","url":"\/38.2-1612\/","token":"38.2\/16\/1\/38.2-1612","metadata":false},{"id":361503,"structure_id":51684,"section_number":"38.2-1613","catch_line":"Exemption from payment of fees and taxes","url":"\/38.2-1613\/","token":"38.2\/16\/1\/38.2-1613","metadata":{"court_decisions":""}},{"id":361504,"structure_id":51684,"section_number":"38.2-1614","catch_line":"Repealed","url":"\/38.2-1614\/","token":"38.2\/16\/1\/38.2-1614","metadata":false},{"id":361505,"structure_id":51684,"section_number":"38.2-1615","catch_line":"No liability for action taken in good faith","url":"\/38.2-1615\/","token":"38.2\/16\/1\/38.2-1615","metadata":false},{"id":361506,"structure_id":51684,"section_number":"38.2-1616","catch_line":"Stay of proceedings against insolvent insurer; setting aside judgment, etc.; access to records","url":"\/38.2-1616\/","token":"38.2\/16\/1\/38.2-1616","metadata":{"court_decisions":""}},{"id":361507,"structure_id":51684,"section_number":"38.2-1617","catch_line":"Termination of operation of Association; expiration of chapter","url":"\/38.2-1617\/","token":"38.2\/16\/1\/38.2-1617","metadata":false}],"previous_section":{"id":361505,"structure_id":51684,"section_number":"38.2-1615","catch_line":"No liability for action taken in good faith","url":"\/38.2-1615\/","token":"38.2\/16\/1\/38.2-1615","metadata":false},"next_section":{"id":361507,"structure_id":51684,"section_number":"38.2-1617","catch_line":"Termination of operation of Association; expiration of chapter","url":"\/38.2-1617\/","token":"38.2\/16\/1\/38.2-1617","metadata":false},"metadata":{"court_decisions":""},"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1616\/","history_text":"<p>This law was first created in 1970. The record of its establishment is cataloged in chapter 766 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 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. 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. Those modifications are as follows: in 1986, chapter 562; in 1987, chapter 529.<\/p>","references":false,"refers_to":false,"permalink":{"id":1439285,"object_type":"law","relational_id":361506,"identifier":"38.2-1616","token":"38.2\/16\/1\/38.2-1616","url":"\/38.2-1616\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-1616\/","token":"38.2\/16\/1\/38.2-1616","dublin_core":{"Title":"Stay of proceedings against insolvent insurer; setting aside judgment, etc.; access to records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1616","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> All proceedings in which the <span class=\"dictionary\">insolvent insurer<\/span> is a <span class=\"dictionary\">party<\/span> or is obligated to defend a <span class=\"dictionary\">party<\/span> in any <span class=\"dictionary\">court<\/span> in this Commonwealth shall be stayed for up to six months and such additional time thereafter as may be determined by the <span class=\"dictionary\">court<\/span> from the date the insolvency is determined or an <span class=\"dictionary\">ancillary proceeding<\/span> is instituted in the Commonwealth, whichever is later, to permit proper defense by the <span class=\"dictionary\">Association<\/span> of all pending causes of action. For any <span class=\"dictionary\">covered claims<\/span> arising from a <span class=\"dictionary\">judgment<\/span> under any decision, <span class=\"dictionary\">verdict<\/span> or <span class=\"dictionary\">finding<\/span> based on the <span class=\"dictionary\">default<\/span> of the <span class=\"dictionary\">insolvent insurer<\/span> or its failure to defend an insured, the <span class=\"dictionary\">Association<\/span> either on its own behalf or on behalf of the insured may apply to have the <span class=\"dictionary\">judgment<\/span>, <span class=\"dictionary\">order<\/span>, decision, <span class=\"dictionary\">verdict<\/span> or <span class=\"dictionary\">finding<\/span> set aside by the same <span class=\"dictionary\">court<\/span> or administrator that made the <span class=\"dictionary\">judgment<\/span>, <span class=\"dictionary\">order<\/span>, decision, <span class=\"dictionary\">verdict<\/span> or <span class=\"dictionary\">finding<\/span> and shall be permitted to defend against the claim on the merits. <a id=\"paragraph-1345536\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1616\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The liquidator, receiver, or statutory successor of an <span class=\"dictionary\">insolvent insurer<\/span> covered by this chapter shall permit access by the board or its authorized representatives to such of the <span class=\"dictionary\">insolvent insurer<\/span>&#8217;s records which are necessary for the board in carrying out its functions under this chapter with regard to <span class=\"dictionary\">covered claims<\/span>. In addition, the liquidator, receiver or statutory successor shall provide the board or its representative with copies of such records upon the request by the board and at the expense of the board. <a id=\"paragraph-1345537\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1616\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSTAY OF PROCEEDINGS AGAINST INSOLVENT INSURER; SETTING ASIDE JUDGMENT, ETC.;\nACCESS TO RECORDS (\u00a7 38.2-1616)\n\nA. All proceedings in which the insolvent insurer is a party or is obligated to\ndefend a party in any court in this Commonwealth shall be stayed for up to six\nmonths and such additional time thereafter as may be determined by the court\nfrom the date the insolvency is determined or an ancillary proceeding is\ninstituted in the Commonwealth, whichever is later, to permit proper defense by\nthe Association of all pending causes of action. For any covered claims arising\nfrom a judgment under any decision, verdict or finding based on the default of\nthe insolvent insurer or its failure to defend an insured, the Association\neither on its own behalf or on behalf of the insured may apply to have the\njudgment, order, decision, verdict or finding set aside by the same court or\nadministrator that made the judgment, order, decision, verdict or finding and\nshall be permitted to defend against the claim on the merits.\n\nB. The liquidator, receiver, or statutory successor of an insolvent insurer\ncovered by this chapter shall permit access by the board or its authorized\nrepresentatives to such of the insolvent insurer&#8217;s records which are\nnecessary for the board in carrying out its functions under this chapter with\nregard to covered claims. In addition, the liquidator, receiver or statutory\nsuccessor shall provide the board or its representative with copies of such\nrecords upon the request by the board and at the expense of the board.\n\nHISTORY: 1970, c. 766, \u00a7 38.1-773; 1986, c. 562; 1987, c. 529.","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"}}