65.2-804 - Evidence of compliance with title; notices of cancellation of insurance.
§ 65.2-804. Evidence of compliance with title; notices of cancellation ofinsurance.
A. 1. Each employer subject to this title shall file with the Workers'Compensation Commission, in form prescribed by it, annually or as often asmay be necessary, evidence of his compliance with the provisions of §65.2-801 and all others relating thereto; however, if the employer secureshis liability under this title pursuant to subdivision A 1 of § 65.2-801 thenthe insurance carrier shall make a filing on behalf of the employer, and suchfiling shall be made electronically in the form as prescribed and to theagent as designated by the Commission, within 30 days of the inception of thepolicy. Evidence of an employer's compliance with the provisions ofsubdivision A 1 of § 65.2-801 shall be deemed to satisfy such provisions ifit includes the name and address of the insured, the insured's federalemployer identification number, his policy number, dates of insurancecoverage, the name and address of his insurer, and the insurer'sidentification number. Proof of coverage information filed with theCommission by an insurance carrier or rate service organization on behalf ofan employer shall in no event be aggregated by the Commission with the proofof coverage information filed by or on behalf of other employers. Everyemployer who has complied with the foregoing provision and has subsequentlycancelled his insurance or his membership in a licensed group self-insuranceassociation shall immediately notify the Workers' Compensation Commission ofsuch cancellation, the date thereof and the reasons therefor. Every insurancecarrier or group self-insurance association shall in like manner notify theWorkers' Compensation Commission immediately upon the cancellation of anypolicy issued by it or any membership agreement, whichever is applicable,under the provisions of this title, except that a carrier or groupself-insurance association need not set forth its reasons for cancellationunless requested by the Workers' Compensation Commission.
2. Every employer who cancels his insurance or his membership in a licensedgroup self-insurance association shall, prior to cancelling his insurance orhis membership, give 30 days' written notice to his employees covered. Everyemployer who receives the notice required under subsection B of this sectionshall immediately forward a copy to his employees covered. Where the employeris a mine owner or operator, the notice or copy of notice required to begiven by this subsection shall also be given to the Chief Mine Inspector. Theprovisions of this subsection shall not apply with respect to a cancellationincident to a change of insurance or membership where no lapse of coverageoccurs.
B. No policy of insurance hereafter issued under the provisions of thistitle, nor any membership agreement in a group self-insurance association,shall be cancelled or nonrenewed by the insurer issuing such policy or by thegroup self-insurance association cancelling or nonrenewing such membership,except on 30 days' notice to the employer and the Workers' CompensationCommission, unless the employer has obtained other insurance and the Workers'Compensation Commission is notified of that fact by the insurer assuming therisk, or unless, in the event of cancellation, said cancellation is fornonpayment of premiums; then 10 days' notice shall be given the employer andthe Workers' Compensation Commission.
C. The Commission may designate an agent for receipt of any notices requiredto 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.)