Va. Code » Title 38.2. Insurance » Chapter 16. Virginia Property and Casualty Insurance Guaranty Association » Article 1. Establishment and Operation of the Association
Virginia Code

Va. Code Ann. § 38.2-1600 (2026)

Purpose

✓ current as of May 2026
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The purpose of this chapter is to establish an association that shall provide prompt payment of covered claims to reduce financial loss to claimants or policyholders resulting from the insolvency of an insurer. This association shall assist in the detection and prevention of insurer insolvencies and shall apportion the cost of this protection among insurers.

1970, c. 766, § 38.1-757; 1986, c. 562.

Notes of Decisions
Cited in 17 cases, 1987–2016 · leading case: RB&F Coal, Inc. v. Deloris Mullins, 842 F.3d 279 (4th Cir. 2016).
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RB&F Coal, Inc. v. Deloris Mullins, 842 F.3d 279 (4th Cir. 2016). · cites it 4× “” Va. Code Ann. § 38.2-1600 . 3 All insurance companies that conduct business in Virginia are required by state law to join, and the association is funded by mandatory contributions from those members.”
Franklin Mortg. Corp. v. Walker, 367 S.E.2d 191 (Va. Ct. App. 1988). · cites it 4× “The argument further ignores the Virginia Guaranty Fund, Code § 38.2-1600—1623, which was enacted to provide for payments of "financial loss to claimants or policyholders resulting from the insolvency of an insurer".”
Uninsured Emp.'s Fund v. Mounts, 484 S.E.2d 140 (Va. Ct. App. 1997). · cites it 4× “Mounts notified Virginia Property and Casualty Insurance Guaranty Association, the statutory association established to provide protection -when insurance companies are insolvent, see Code § 38.2-1600, that he was filing for benefits for pneumoconiosis.”
Bogle Dev. Co., Inc. v. Buie, 463 S.E.2d 467 (Va. 1995). · cites it 3× “2 In August of 1991, Rockwood Insurance Company became insolvent and, pursuant to Code §§ 38.2-1600 through -1623, the Guaranty Fund Management Services assumed responsibility for payment of Rockwood’s obligations.”
Uninsured Emp.'s Fund v. Flanary, 497 S.E.2d 912 (Va. Ct. App. 1998). · cites it 2× “The Guaranty Association was established to “provide prompt payment of covered claims to reduce financial loss to claimants or policyholders resulting from insolvency of an insurer,” to “assist in the detection and prevention of insurer insolvencies,” and to “apportion the cost…”
Northland Ins. v. Va. Prop. & Cas. Ins., 392 S.E.2d 682 (Va. 1990). · cites it 4× “1 (the UM statute), or the Virginia Property and Casualty Insurance Guaranty Association Act, Code §§ 38.2-1600 through -1623 (the Guaranty Act), permits subrogation claims by an uninsured and underinsured motorist insurance (UM) carrier against the Virginia Property and…”
Bogle Dev. Co. v. Buie, 451 S.E.2d 682 (Va. Ct. App. 1994). · cites it 2× “Pursuant to the provisions of Code § 38.2-1600, the Fund was required to assume the obligations of Rockwood established by the award.”
MacDougall v. Hartford Ins. Grp., 61 Va. Cir. 181 (2003). · cites it 6× “The Guaranty Association has no right to set off any amounts paid by health insurance to anyone because Va. Code § 38.2-1600 specifically excludes health insurers from its scope.”
Uninsured Emp.'s Fund v. Mounts, 497 S.E.2d 464 (Va. 1998). “The Guaranty Association, established by statute to “provide prompt payment of covered claims to reduce financial loss to claimants” resulting from an insurer’s insolvency, § 38.2-1600, is obligated to pay such claims that existed prior to the insolvency determination.”
Northland Ins. v. Virginia Prop. & Cas. Ins. Guar. Ass'n, 392 S.E.2d 682 (Va. 1990). · cites it 4× “1 (the UM statute), or the Virginia Property and Casualty Insurance Guaranty Association Act, Code §§ 38.2-1600 through -1623 (the Guaranty Act), permits subrogation claims by an uninsured and underinsured motorist insurance (UM) carrier against the Virginia Property and…”
Virginia Prop. & Cas. Ins. Guar. Ass'n v. Int'l Ins., 385 S.E.2d 614 (Va. 1989). “562, §§ 38.2-1600 - 38.2-1623 (1986 and Supp. 1989), changing the Association name from Virginia Insurance Guaranty Association to its current name, Virginia Property and Casualty Insurance Guaranty Association.”
Boyd & Stevenson Coal Co. v. Dir., Off. of Workers' Comp. Programs, 407 F.3d 663 (4th Cir. 2005). “” Va.Code Ann. § 38.2-1600. The General Assembly directs that the provisions governing VPCIGA shall be “liberally construed to effect the purpose under § 38.”
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