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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-804 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-804. Evidence of compliance with title; notices of cancellation of insurance.
A. 1. Every 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, any employer who secures his liability under this title
pursuant to subdivision A 1 of § 65.2-801 may have his insurance carrier make
such filing. 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. Proof of
coverage information filed with the Commission by an insurance carrier or rate
service organization on behalf of an employer shall in no event be aggregated
by the Commission with the proof of coverage information filed by or on behalf
of other employers. 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 thirty 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 thirty 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 ten days' notice shall be given the employer and the Workers' Compensation Commission.