                                 CODE OF VIRGINIA

DEFINITIONS (§ 38.2-1800)

As used in this chapter:		&#8220;Agent,&#8221; &#8220;insurance agent,&#8221;
&#8220;producer,&#8221; or &#8220;insurance producer,&#8221; when used without
qualification, means an individual or business entity that sells, solicits, or
negotiates contracts of insurance or annuity in the
Commonwealth.		&#8220;Appointed agent,&#8221; &#8220;appointed insurance
agent,&#8221; &#8220;appointed producer,&#8221; or &#8220;appointed insurance
producer,&#8221; when used without qualification, means an individual or
business entity licensed in the Commonwealth to sell, solicit, or negotiate
contracts of insurance or annuity of the classes authorized within the scope of
such license and who is appointed by a company licensed in the Commonwealth to
sell, solicit, or negotiate on its behalf contracts of insurance of the classes
authorized within the scope of such license and, if authorized by the company,
may collect premiums on those contracts.		&#8220;Business entity&#8221; means a
partnership, limited partnership, limited liability company, corporation, or
other legal entity other than a sole proprietorship.		&#8220;Dental plan
organization authority&#8221; means the authority in the Commonwealth to sell,
solicit, or negotiate dental benefit contracts on behalf of dental plan
organizations licensed under Chapter 61 (§ 38.2-6100 et seq.).		&#8220;Dental
services authority&#8221; means the authority in the Commonwealth to sell,
solicit, or negotiate dental services plan contracts on behalf of dental
services plans licensed under Chapter 45 (§ 38.2-4500 et
seq.).		&#8220;Filed&#8221; means received by the Commission.		&#8220;Health
agent&#8221; means an agent licensed in the Commonwealth to sell, solicit, or
negotiate insurance as defined in §§  38.2-107.2, 38.2-108, and 38.2-109, and
including contracts issued by insurers, health services plans, health
maintenance organizations, dental services plans, optometric services plans, and
dental plan organizations licensed in the Commonwealth.		&#8220;Home protection
insurance authority&#8221; means the authority in the Commonwealth to sell,
solicit, or negotiate home protection insurance as defined in § 38.2-129 on
behalf of insurers licensed in the Commonwealth.		&#8220;Home state&#8221; means
the District of Columbia and any state or territory of the United States, except
Virginia, or any province of Canada, in which an insurance producer maintains
such person&#8217;s principal place of residence or principal place of business
and is licensed by that jurisdiction to act as a resident insurance
producer.		&#8220;Legal services insurance authority&#8221; means the authority
in the Commonwealth to sell, solicit, or negotiate legal services insurance as
defined in § 38.2-127 on behalf of insurers licensed in the
Commonwealth.		&#8220;License&#8221; means a document issued by the Commission
authorizing an individual or business entity to act as an insurance producer for
the lines of authority specified in the document. Except as provided in §
38.2-1833, the license itself does not create any authority, actual, apparent or
inherent, in the licensee to represent, commit, or bind an
insurer.		&#8220;Licensed agent,&#8221; &#8220;licensed insurance agent,&#8221;
&#8220;licensed producer,&#8221; or &#8220;licensed insurance producer,&#8221;
when used without qualification, means an individual or business entity licensed
in the Commonwealth to sell, solicit, or negotiate contracts of insurance or
annuity of the classes authorized within the scope of such license.		&#8220;Life
and annuities insurance agent&#8221; means an agent licensed in the Commonwealth
to sell, solicit, or negotiate life insurance and annuity contracts as defined
in §§ 38.2-102, 38.2-103, 38.2-104, 38.2-105.1, 38.2-106, and 38.2-107.1,
respectively, and family leave insurance as defined in § 38.2-107.2, on behalf
of insurers licensed in the Commonwealth.		&#8220;Limited burial insurance
authority&#8221; means the authority in the Commonwealth to sell, solicit, or
negotiate burial insurance society membership where the certificates of
membership are used solely to fund preneed funeral contracts on any individual,
on behalf of insurers licensed under Chapter 40 (§ 38.2-4000 et seq.); or to
represent an association referred to in § 38.2-3318.1, limited to soliciting
members of that association for association group life insurance certificates
where the funds are used solely to fund preneed funeral
contracts.		&#8220;Limited lines credit insurance agent&#8221; means an agent
licensed in the Commonwealth whose authority is restricted to selling,
soliciting, or negotiating, on behalf of insurers licensed in the Commonwealth,
one or more of the following coverages to individuals through a master,
corporate, group or individual policy: (i) credit life insurance and credit
accident and sickness insurance, but only to the extent authorized in Chapter
37.1 (§ 38.2-3717 et seq.); (ii) credit involuntary unemployment insurance as
defined in § 38.2-122.1; (iii) credit property insurance, as defined in §
38.2-122.2; (iv) mortgage accident and sickness insurance; (v) mortgage
redemption insurance; (vi) mortgage guaranty insurance; and (vii) any other form
of insurance offered in connection with an extension of credit that is limited
to partially or wholly extinguishing that credit obligation and that the
Commission specifically determines may be sold, solicited, or negotiated by
those holding a limited lines credit insurance agent license. Each insurer that
sells, solicits or negotiates any of the coverages set forth in this definition
shall provide to each individual whose duties will include selling, soliciting
or negotiating such coverages a program of instruction that may, at the
discretion of the Commission, be submitted for approval by the Commission or
reviewed by the Commission subsequent to its implementation.		&#8220;Limited
lines life and health agent&#8221; means an individual or business entity
authorized by the Commission whose license authority to sell, solicit, or
negotiate is limited to the following, or any other type of authority that the
Commission may deem it necessary to recognize for the purposes of complying with
§ 38.2-1836: dental services authority; limited burial insurance authority;
mutual assessment life and health insurance authority; optometric services
authority; and dental plan organization authority. Limited lines life and health
insurance shall not include life insurance, health insurance, property
insurance, casualty insurance, private family leave insurance, and title
insurance.		&#8220;Limited lines property and casualty agent&#8221; means an
individual or business entity authorized by the Commission whose license
authority to sell, solicit, or negotiate is limited to the following, or any
other type of authority that the Commission may deem it necessary to recognize
for the purposes of complying with § 38.2-1836: home protection insurance
authority; legal services insurance authority; mutual assessment property and
casualty insurance authority; ocean marine insurance authority; pet accident,
sickness and hospitalization insurance authority; portable electronics insurance
authority; self storage insurance authority; and travel insurance. Unless
otherwise defined, &#8220;limited lines property and casualty insurance&#8221;
shall not include life insurance, health insurance, property insurance, casualty
insurance, private family leave insurance, and title insurance.		&#8220;Mortgage
accident and sickness insurance authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate mortgage accident and sickness
insurance on behalf of insurers licensed in the Commonwealth.		&#8220;Mortgage
guaranty insurance authority&#8221; means the authority in the Commonwealth to
sell, solicit, or negotiate mortgage guaranty insurance on behalf of insurers
licensed in the Commonwealth.		&#8220;Mortgage redemption insurance
authority&#8221; means the authority in the Commonwealth to sell, solicit, or
negotiate mortgage redemption insurance on behalf of insurers licensed in the
Commonwealth. As used in this chapter, &#8220;mortgage redemption
insurance&#8221; means a nonrenewable, nonconvertible, decreasing term life
insurance policy written in connection with a mortgage transaction for a period
of time coinciding with the term of the mortgage. The initial sum shall not
exceed the amount of the indebtedness outstanding at the time the insurance
becomes effective, rounded up to the next $1,000.		&#8220;Motor vehicle rental
contract enroller&#8221; means an unlicensed hourly or salaried employee of a
motor vehicle rental company that is in the business of providing primarily
private motor vehicles to the public under a rental agreement for a period of
less than six months, and receives no direct or indirect commission from the
insurer, the renter or the vehicle rental company.		&#8220;Motor vehicle rental
contract insurance agent&#8221; means a person who (i) is a selling agent of a
motor vehicle rental company that is in the business of providing primarily
private passenger motor vehicles to the public under a rental agreement for a
period of less than six months and (ii) whose license in the Commonwealth is
restricted to selling, soliciting, or negotiating only the following insurance
coverages, and solely in connection with and incidental to the rental contract:

1. Personal accident insurance that provides benefits in the event of accidental
death or injury occurring during the rental period;

2. Liability coverage sold to the renter in excess of the rental company&#8217;s
obligations under &#xA7; 38.2-2204, 38.2-2205, or Title 46.2, as applicable;

3. Personal effects insurance that provides coverages for the loss of or damage
to the personal effects of the renter and other vehicle occupants while such
personal effects are in or upon the rental vehicle during the rental period;

4. Roadside assistance and emergency sickness protection programs; and

5. Other travel-related or vehicle-related insurance coverage that a motor
vehicle rental company offers in connection with and incidental to the rental of
vehicles.
			The term &#8220;motor vehicle rental contract insurance agent&#8221; does not
include motor vehicle rental contract enrollers.			&#8220;Mutual assessment life
and health insurance authority&#8221; means the authority in the Commonwealth to
sell, solicit, or negotiate mutual assessment life and accident and sickness
insurance on behalf of insurers licensed under Chapter 39 (&#xA7; 38.2-3900 et
seq.), but only to the extent permitted under &#xA7; 38.2-3919.			&#8220;Mutual
assessment property and casualty insurance authority&#8221; means the authority
in the Commonwealth to sell, solicit, or negotiate mutual assessment property
and casualty insurance on behalf of insurers licensed under Chapter 25 (&#xA7;
38.2-2500 et seq.), but only to the extent permitted under &#xA7;
38.2-2525.			&#8220;NAIC&#8221; means the National Association of Insurance
Commissioners.			&#8220;Negotiate&#8221; means the act of conferring directly
with or offering advice directly to a purchaser or prospective purchaser of a
particular contract of insurance concerning any of the substantive benefits,
terms or conditions of the contract, provided that the person engaged in that
act either sells insurance or obtains insurance from insurers for
purchasers.			&#8220;Ocean marine insurance authority&#8221; means the authority
in the Commonwealth to sell, solicit, or negotiate those classes of insurance
classified in &#xA7; 38.2-126, except those classes specifically classified as
inland marine insurance, on behalf of insurers licensed in the
Commonwealth.			&#8220;Optometric services authority&#8221; means the authority
in the Commonwealth to sell, solicit, or negotiate optometric services plan
contracts on behalf of optometric services plans licensed under Chapter 45
(&#xA7; 38.2-4500 et seq.).			&#8220;Personal lines agent&#8221; means an agent
licensed in the Commonwealth to sell, solicit, or negotiate insurance as defined
in &#xA7;&#xA7; 38.2-110 through 38.2-114, 38.2-116, 38.2-117, 38.2-118,
38.2-124, 38.2-125, 38.2-126, 38.2-129, 38.2-130, and 38.2-131 for transactions
involving insurance primarily for personal, family, or household needs rather
than for business or professional needs.			&#8220;Pet accident, sickness and
hospitalization insurance authority&#8221; means the authority in the
Commonwealth to sell, solicit, or negotiate pet accident, sickness and
hospitalization insurance on behalf of insurers licensed in the
Commonwealth.			&#8220;Property and casualty insurance agent&#8221; means an
agent licensed in the Commonwealth to sell, solicit, or negotiate both personal
and commercial lines of insurance as defined in &#xA7;&#xA7;  38.2-107.2,
38.2-110 through 38.2-122.2, and 38.2-124 through 38.2-134 on behalf of insurers
licensed in the Commonwealth.			&#8220;Resident&#8221; means (i) an individual
residing in Virginia; (ii) an individual residing outside of Virginia whose
principal place of business is in Virginia, who is able to demonstrate to the
satisfaction of the Commission that the laws of his home state prevent him from
obtaining a resident agent license in that state, and who affirmatively chooses
to qualify as and be treated as a resident of Virginia for purposes of licensing
and continuing education, both in Virginia and in the state in which the
individual resides, if applicable; (iii) a partnership duly formed and recorded
in Virginia; (iv) a corporation incorporated and existing under the laws of
Virginia; (v) a limited liability company organized and existing under the laws
of Virginia; or (vi) a foreign business entity that is not licensed as a
resident agent in any other jurisdiction, and that demonstrates to the
satisfaction of the Commission that its principal place of business is within
the Commonwealth of Virginia.			&#8220;Restricted nonresident health
agent&#8221; means a nonresident agent whose license authority in his home state
does not include all of the authority granted under a health agent license in
Virginia. The license issued to such agent shall authorize the agent to sell,
solicit, or negotiate in Virginia, on behalf of insurers licensed in Virginia,
only those kinds or classes of insurance for which the agent is authorized in
his home state.			&#8220;Restricted nonresident life and annuities agent&#8221;
means a nonresident agent whose license authority in his home state does not
include all of the authority granted under a life and annuities agent license in
Virginia. The license issued to such agent shall authorize the agent to sell,
solicit, or negotiate in Virginia, on behalf of insurers licensed in Virginia,
only those kinds or classes of insurance for which the agent is authorized in
his home state.			&#8220;Restricted nonresident personal lines agent&#8221;
means a nonresident agent whose license authority in his home state does not
include all of the authority granted under a personal lines agent license in
Virginia. The license issued to such agent shall authorize the agent to sell,
solicit, or negotiate in Virginia, on behalf of insurers licensed in Virginia,
only those kinds or classes of insurance for which the agent is authorized in
his home state.			&#8220;Restricted nonresident property and casualty
agent&#8221; means a nonresident agent whose license authority in his home state
does not include all of the authority granted under a property and casualty
agent license in Virginia. The license issued to such agent shall authorize the
agent to sell, solicit, or negotiate in Virginia, on behalf of insurers licensed
in Virginia, only those kinds or classes of insurance for which the agent is
authorized in his home state.			&#8220;Sell&#8221; means to exchange a contract
of insurance by any means, for money or its equivalent, on behalf of an
insurer.			&#8220;Settlement agent&#8221; means a person licensed as a title
insurance agent and registered with the Virginia State Bar pursuant to Chapter
10 (&#xA7; 55.1-1000 et seq.) of Title 55.1.			&#8220;Solicit&#8221; means
attempting to sell insurance or asking or urging a person to apply for a
particular class of insurance from one or more insurers.			&#8220;Surety bail
bondsman&#8221; means a person licensed as a surety bail bondsman pursuant to
Article 11 (&#xA7; 9.1-185 et seq.) of Chapter 1 of Title 9.1.			&#8220;Surplus
lines broker&#8221; means a person licensed pursuant to Article 5.1 (&#xA7;
38.2-1857.1 et seq.) of this chapter, and who is thereby authorized to engage in
the activities set forth in Chapter 48 (&#xA7; 38.2-4805.1 et
seq.).			&#8220;Terminate&#8221; means the cancellation of the relationship
between an insurance producer and the insurer, or the termination of an
insurance producer&#8217;s authority to transact insurance.			&#8220;Title
insurance agent&#8221; means an agent licensed in the Commonwealth to sell,
solicit, or negotiate title insurance, and performing all of the services set
forth in &#xA7; 38.2-4601.1, on behalf of title insurance companies licensed
under Chapter 46 (&#xA7; 38.2-4600 et seq.).			&#8220;Uniform Application&#8221;
means the current version of the NAIC Uniform Application for resident and
nonresident producer licensing.			&#8220;Uniform Business Entity
Application&#8221; means the current version of the NAIC Uniform Business Entity
Application for resident and nonresident business entities.			&#8220;Variable
contract agent&#8221; means an agent licensed in the Commonwealth to sell,
solicit, or negotiate variable life insurance and variable annuity contracts on
behalf of insurers licensed in the Commonwealth.			&#8220;Viatical settlement
broker&#8221; means a person licensed pursuant to Chapter 60 (&#xA7; 38.2-6000
et seq.), in accordance with Article 6.1 (&#xA7; 38.2-1865.1 et seq.) of this
chapter, and who is thereby authorized to engage in the activities set forth in
Chapter 60 (&#xA7; 38.2-6000 et seq.).

HISTORY: 1979, c. 513, § 38.1-327.1; 1981, c. 604; 1983, c. 480; 1984, c. 719;
1986, c. 562; 1987, cc. 520, 521; 1992, c. 586; 1994, cc. 106, 316; 1995, c.
167; 1998, cc. 16, 47, 164; 1999, cc. 86, 490, 493, 586; 2000, c. 526; 2001, c.
706; 2003, cc. 412, 717, 979; 2004, cc. 460, 668, 784; 2006, c. 410; 2011, c.
222; 2012, c. 447; 2013, cc. 203, 497; 2016, c. 250; 2022, cc. 131, 132; 2023,
cc. 338, 339.