Virginia Code

Va. Code Ann. § 38.2-1505 (2026)

Commission may apply for receiver and for other relief; what orders court may enter

✓ current as of May 2026

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A. Whenever the Commission finds that any of the grounds for rehabilitation or liquidation of a domestic insurer set out in § 38.2-1503 exist, it may apply to the Circuit Court of the City of Richmond for an order directing the insurer to show cause on or before a designated date (i) why a receiver other than the Commission should not be appointed for the insurer, (ii) why an order should not be entered authorizing the Commission, as a receiver, to proceed with the rehabilitation or liquidation of the insurer or (iii) why other appropriate steps authorized by this chapter should not be taken. The application and order may include any other relief as the nature of the case and the interests of the policyholders, creditors, stockholders, members of the insurer and of the public may require. A copy of the application and the order to show cause shall be served upon the insurer and shall constitute legal process. The State Treasurer shall be made a party to the proceeding.

B. On or after the return of the order to show cause, and after a full hearing, the court shall either deny the application, appoint a receiver for the insurer, authorize the Commission to proceed with the rehabilitation or liquidation of the insurer or to take any other appropriate proceedings as the Commission considers advisable.

Code 1950, §§ 38-138, 38-139; 1952, c. 317, § 38.1-131; 1986, c. 562.

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Swiss Re Life Co. Am. v. Gross, 479 S.E.2d 857 (Va. 1997).

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Swiss Re Life Co. Am. v. Gross, 479 S.E.2d 857 (Va. 1997). · cites it 2× “On May 13, 1991, Fidelity went into receivership by order of the Circuit Court of the City of Richmond, which appointed the Commission as receiver, pursuant to Code § 38.2-1505. On that same day, the Commission appointed the Commissioner of Insurance as deputy receiver of…”

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