Virginia Code

Va. Code Ann. § 38.2-1515 (2026)

Mutual debts or credits, how treated

✓ current as of May 2026

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A. In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, the credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection B of this section.

B. No offset shall be allowed in favor of any person where:

1. The obligation of the insurer to the person would not entitle him at the date of the entry of any rehabilitation or liquidation order to share as a claimant in the assets of the insurer;

2. The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as an offset; or

3. The obligation of the person is to pay (i) an assessment levied against the members of a mutual insurer or the subscribers of a reciprocal insurer, or (ii) a balance upon a subscription to the capital stock of a stock insurer.

1952, c. 317, § 38.1-139; 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 6× “The deputy receiver disallowed this practice, citing a lack of mutuality of the debts and credits as required under Code § 38.2-1515 and as a matter of public policy.”

— Va. Code Ann. § 38.2-1515(A) — 1 case

Swiss Re Life Co. Am. v. Gross, 479 S.E.2d 857 (Va. 1997). “The deputy receiver disallowed this practice, citing a lack of mutuality of the debts and credits as required under Code § 38.2-1515 and as a matter of public policy.”

— Va. Code Ann. § 38.2-1515(B)(2) — 1 case

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