A. 1. Each employer subject to this title shall file with the Workers' Compensation Commission, in form prescribed by it, annually or as often as may be necessary, evidence of his compliance with the provisions of § 65.2-801 and all others relating thereto; however, if the employer secures his liability under this title pursuant to subdivision A 1 of § 65.2-801 then the insurance carrier shall make a filing on behalf of the employer, and such filing shall be made electronically in the form as prescribed and to the agent as designated by the Commission, within 30 days of the inception of the policy. Evidence of an employer's compliance with the provisions of subdivision A 1 of § 65.2-801 shall be deemed to satisfy such provisions if it includes the name and address of the insured, the insured's federal employer identification number, his policy number, dates of insurance coverage, the name and address of his insurer, and the insurer's identification number. Every employer who has complied with the foregoing provision and has subsequently cancelled his insurance or his membership in a licensed group self-insurance association shall immediately notify the Workers' Compensation Commission of such cancellation, the date thereof and the reasons therefor. Every insurance carrier or group self-insurance association shall in like manner notify the Workers' Compensation Commission immediately upon the cancellation of any policy issued by it or any membership agreement, whichever is applicable, under the provisions of this title, except that a carrier or group self-insurance association need not set forth its reasons for cancellation unless requested by the Workers' Compensation Commission.
2. Every employer who cancels his insurance or his membership in a licensed group self-insurance association shall, prior to cancelling his insurance or his membership, give 30 days' written notice to his employees covered. Every employer who receives the notice required under subsection B of this section shall immediately forward a copy to his employees covered. Where the employer is a mine owner or operator, the notice or copy of notice required to be given by this subsection shall also be given to the Chief Mine Inspector. The provisions of this subsection shall not apply with respect to a cancellation incident to a change of insurance or membership where no lapse of coverage occurs.
B. No policy of insurance hereafter issued under the provisions of this title, nor any membership agreement in a group self-insurance association, shall be cancelled or nonrenewed by the insurer issuing such policy or by the group self-insurance association cancelling or nonrenewing such membership, except on 30 days' notice to the employer and the Workers' Compensation Commission, unless the employer has obtained other insurance and the Workers' Compensation Commission is notified of that fact by the insurer assuming the risk, or unless, in the event of cancellation, said cancellation is for nonpayment of premiums; then 10 days' notice shall be given the employer and the Workers' Compensation Commission.
C. The Commission may designate an agent for receipt of any notices required to be given to it pursuant to this section.
Code 1950, § 65-101; 1956, c. 467; 1968, c. 660, § 65.1-105; 1970, c. 470; 1979, c. 463; 1982, c. 383; 1991, c. 355; 1993, c. 725; 2002, c. 812; 2009, c. 150; 2010, cc. 282, 376; 2018, c. 260.
Notes of Decisions
Travelers Prop. Cas. Co. v. Ely, 666 S.E.2d 523 (Va. 2008).
· cites it 24× “In these consolidated appeals from the Court of Appeals, we consider whether certain policies of workers' compensation and employers' liability insurance were "nonrenewed by the insurer" within the intendment of Code § 65.2-804(B), thereby requiring the insurer to provide notice…”
Travelers Prop. Cas. Co. of Am. v. Ely, 640 S.E.2d 520 (Va. Ct. App. 2007).
· cites it 104× “2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
Pennsylvania Mfrs. Ass'n v. Jackson, 434 S.E.2d 690 (Va. Ct. App. 1993).
· cites it 24× “PMA contends that the commission erred in finding that PMA failed to comply with the notice provisions of Code § 65.2-804 (former Code § 65.1-105), and in extending insurance coverage for an additional thirty days.”
Villwock v. Ins. Co. of North Am./CIGNA, 468 S.E.2d 130 (Va. Ct. App. 1996).
· cites it 10× “Villwock appeals the ruling of the Workers’ Compensation Commission that CIGNA, the putative insurer, complied with Code § 65.2-804(B) in cancelling his workers’ compensation insurance policy.”
Falls Church Constr. Corp. v. Valle, 464 S.E.2d 517 (Va. Ct. App. 1995).
· cites it 4× “2-805 and -806 reveals that the respective penalty provisions apply when an employer fails to comply with the record keeping requirements of Code § 65.2-804, 1 not the requirements of Code § 65.”
Nationwide Mut. Ins. Co. v. The Est. of Phillip Harrison, 765 S.E.2d 154 (Va. Ct. App. 2014).
· cites it 4× “As the commission opined, “there is no caveat in the statute that the claimant must first establish coverage____” Code § 65.2-804.(B) provides: No policy of insurance hereafter issued under the provisions of this title, nor any membership agreement in a group self-insurance…”
The Cura Grp., Inc. v. Virginia Workers' Comp. Comm'n, 612 S.E.2d 735 (Va. Ct. App. 2005).
· cites it 8× “According to Code § 65.2-804, employers — including PEOs — must file with the commission “annually or as often as may be necessary, evidence of [ ] compliance with the provisions of § 65.”
Simpson v. Dale E. Saunchegrow Constr., 965 S.W.2d 899 (Mo. Ct. App. 1998).
“2d 690, 692 (1993) (interpreting Va.Code Ann. § 65.2-804(B) as providing a thirty days' notice requirement to *905 employer and the commission); Vance v.”
Travelers Prop. Cas. Co. of Am. v. Mathew L. Bailey (Va. Ct. App. 2007).
· cites it 51× “2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
Robert A. Villwock, etc v. Ins. Co. of NA, etc (Va. Ct. App. 1996).
· cites it 8× “Villwock appeals the ruling of the Workers' Compensation Commission that CIGNA, the putative insurer, complied with Code § 65.2-804(B) in cancelling his workers' compensation insurance policy.”
Am. Zurich Ins. Co. v. Peter Brian Amundsen, Bancroft Granite & Marble, LLC (Va. Ct. App. 2009).
· cites it 3× “The carrier also alleged it did not provide coverage to the employer on the date of claimant’s injury because the policy had lapsed based on the employer’s failure to pay its premium, whereas the fund contended the carrier remained liable because it failed to notify the…”
— Va. Code Ann. § 65.2-804(A) — 5 cases
Travelers Prop. Cas. Co. of Am. v. Ely, 640 S.E.2d 520 (Va. Ct. App. 2007).
“2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
Pennsylvania Mfrs. Ass'n v. Jackson, 434 S.E.2d 690 (Va. Ct. App. 1993).
“PMA contends that the commission erred in finding that PMA failed to comply with the notice provisions of Code § 65.2-804 (former Code § 65.1-105), and in extending insurance coverage for an additional thirty days.”
Travelers Prop. Cas. Co. of Am. v. Mathew L. Bailey (Va. Ct. App. 2007).
“2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
— Va. Code Ann. § 65.2-804(A)(1) — 3 cases
Pennsylvania Mfrs. Ass'n v. Jackson, 434 S.E.2d 690 (Va. Ct. App. 1993).
“PMA contends that the commission erred in finding that PMA failed to comply with the notice provisions of Code § 65.2-804 (former Code § 65.1-105), and in extending insurance coverage for an additional thirty days.”
Travelers Prop. Cas. Co. of Am. v. Ely, 640 S.E.2d 520 (Va. Ct. App. 2007).
“2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
Travelers Prop. Cas. Co. of Am. v. Mathew L. Bailey (Va. Ct. App. 2007).
“2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
— Va. Code Ann. § 65.2-804(A)(2) — 2 cases
Travelers Prop. Cas. Co. of Am. v. Ely, 640 S.E.2d 520 (Va. Ct. App. 2007).
“2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
Travelers Prop. Cas. Co. of Am. v. Mathew L. Bailey (Va. Ct. App. 2007).
“2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
— Va. Code Ann. § 65.2-804(A)(l) — 2 cases
Pennsylvania Mfrs. Ass'n v. Jackson, 434 S.E.2d 690 (Va. Ct. App. 1993).
“PMA contends that the commission erred in finding that PMA failed to comply with the notice provisions of Code § 65.2-804 (former Code § 65.1-105), and in extending insurance coverage for an additional thirty days.”
Travelers Prop. Cas. Co. of Am. v. Ely, 640 S.E.2d 520 (Va. Ct. App. 2007).
“2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
— Va. Code Ann. § 65.2-804(B) — 11 cases
Travelers Prop. Cas. Co. v. Ely, 666 S.E.2d 523 (Va. 2008).
“In these consolidated appeals from the Court of Appeals, we consider whether certain policies of workers' compensation and employers' liability insurance were "nonrenewed by the insurer" within the intendment of Code § 65.2-804(B), thereby requiring the insurer to provide notice…”
Travelers Prop. Cas. Co. of Am. v. Ely, 640 S.E.2d 520 (Va. Ct. App. 2007).
“2-804(A)(1) requires each insured to file annually with the commission evidence of compliance with the insurance requirements of the Act. However, if the employer subsequently cancels the insurance, employer shall immediately notify the commission of such cancellation.”
Villwock v. Ins. Co. of North Am./CIGNA, 468 S.E.2d 130 (Va. Ct. App. 1996).
“Villwock appeals the ruling of the Workers’ Compensation Commission that CIGNA, the putative insurer, complied with Code § 65.2-804(B) in cancelling his workers’ compensation insurance policy.”
Pennsylvania Mfrs. Ass'n v. Jackson, 434 S.E.2d 690 (Va. Ct. App. 1993).
“PMA contends that the commission erred in finding that PMA failed to comply with the notice provisions of Code § 65.2-804 (former Code § 65.1-105), and in extending insurance coverage for an additional thirty days.”
Nationwide Mut. Ins. Co. v. The Est. of Phillip Harrison, 765 S.E.2d 154 (Va. Ct. App. 2014).
“As the commission opined, “there is no caveat in the statute that the claimant must first establish coverage____” Code § 65.2-804.(B) provides: No policy of insurance hereafter issued under the provisions of this title, nor any membership agreement in a group self-insurance…”
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