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2018 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. 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. 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 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.