Title 22 — Insurance
49 chapters · 1,014 sections in this title.
22 V.I.C. § 1037 Details of the memorandum section documenting asset adequacy analysis
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(a) When an actuarial opinion is provided, the memorandum must demonstrate that the analysis has been done in accordance with the standards for asset adequacy referred to in section 1033(d) and any additional standards under this chapter. It must specify:(1) For reserves(A) Produ…
22 V.I.C. § 1051 Over-insurance prohibited
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(a) Over-insurance shall be deemed to exist if property or an insurable interest therein is insured by one or more insurance contracts against the same hazard in any amount in excess of the cash value of the property or of such interest, as determined as of the effective date of …
22 V.I.C. § 1052 Replacement insurance
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By any contract of insurance of property or of any insurable interest therein, the insurer may in connection with a special provision or endorsement made a part of the policy insure the cost of repair or replacement of such property, if damaged or destroyed by a hazard insured ag…
22 V.I.C. § 1054 Statement of actuarial opinion
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Every property and casualty insurance company doing business in the Virgin Islands, unless otherwise exempted by the domiciliary Commissioner of Insurance, shall annually submit the opinion of an Appointed Actuary entitled “Statement of Actuarial Opinion.” This opinion must be fi…
22 V.I.C. § 1055 Actuarial opinion summary
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(a) Every property and casualty insurance company domiciled in the Virgin Islands that is required to submit a Statement of Actuarial Opinion shall annually submit an Actuarial Opinion Summary written by the company’s appointed actuary, as a document supporting the Actuarial Stat…
22 V.I.C. § 1056 Actuarial report and work papers
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(a) An Actuarial Report and underlying work papers, as required by the appropriate NAIC Property and Casualty Annual Statement Instructions, must be prepared to support each Actuarial Opinion. (b) If the insurance company fails to provide a supporting Actuarial Report or work pap…
22 V.I.C. § 1057 Limitation on liability of appointed actuary to third parties
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The appointed actuary is not liable for damages to any person, other than the insurance company and the Commissioner, for any act, error, omission, decision or conduct with respect to the actuary’s opinion, except in cases of fraud or willful misconduct on the part of the appoint…
22 V.I.C. § 1058 Confidentiality
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(a) The Statement of Actuarial Opinion must be provided with the Annual Statement in accordance with the appropriate NAIC Property and Casualty Annual Statement Instructions and must be treated as a public document. (b) (1) Documents, materials or other information in the possess…
22 V.I.C. § 1060 Definitions
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(a) For purpose of this section, the following terms have the following meanings:(a) “Commissioner” shall have the following meaning ascribed to it in 22 V.I.C., section 51;(b) “Customer” means a person who purchases portable electronics or services;(c) “Enrolled Customer” means …
22 V.I.C. § 1061 Licensure of vendors
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(a) A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance. (b) A limited lines licenses issued under this subdivision shall authorize any employee or authorized representative of the vendor to sell or offer…
22 V.I.C. § 1062 Requirements for sale of portable electronics insurance
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(a) At every location where portable electronics insurance is offered to customers, brochures or other written materials must be made available to a prospective customer which:(1) disclose that the portable electronics insurance may provide a duplication of coverage already provi…
22 V.I.C. § 1063 Authority of vendors of portable electronics
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(a) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this chapter provided that:(1) the vendor obtains a limited lines license to authorize it…
22 V.I.C. § 1064 Suspension or revocation of license
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(a) If a vendor of portable electronics or its employee or authorized representative violates any provision of this section, the Commissioner may do any of the following: (b) After notice and hearing, impose fines not to exceed $500 per violation or $5,000 in the aggregate for su…
22 V.I.C. § 1065 Termination of portable electronics insurance
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(1) Notwithstanding the provision of law:(1) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the vendor policyholder and enrolled customers with at least thirty (30) days’ notice, as provided …
22 V.I.C. § 1066 Application for license and fees
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(a) A sworn application for license under the chapter shall be made to and be filed with the Commissioner on forms prescribed and furnished by the Commissioner. (b) The application shall:(1) Provide the name, residence address, and other information required by the Commissioner f…
22 V.I.C. § 1101 Requirements deemed met by surety insurer
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Whenever by law or by rule of any court, public official, or public body, any surety bond, recognizance, obligation, stipulation or undertaking is required or is permitted to be given, any such bond, recognizance, obligation, stipulation, or undertaking which is otherwise proper …
22 V.I.C. § 1102 Fiduciary bonds, premium as lawful expense
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Any fiduciary required by law to give bonds, may include a part of his lawful expense to be allowed by the court or official by whom he was appointed, the reasonable amount paid as premium for such bonds to the authorized surety insurer or to the surplus line surety insurer which…
22 V.I.C. § 1103 Judicial bonds, premium as part of recoverable costs
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In any proceeding the party entitled to recover costs may include therein such reasonable sum as was paid to such surety insurer as premium for any bond or undertaking required therein, and as may be allowed by the court having jurisdiction of such proceeding.
22 V.I.C. § 1104 Official bonds, payment of premiums
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The premium for bonds given by such surety insurers for appointive elective public officers and for such of their deputies or employees as are required to give bond shall be paid by the Government of the Virgin Islands.
22 V.I.C. § 1151 Scope of chapter
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(a) This chapter relates only to title insurers. (b) None of the provisions of this title shall be deemed to apply to persons engaged in the business of preparing and issuing abstracts of title to property and certifying to the correctness thereof so long as such persons do not g…
22 V.I.C. § 1152 Qualifications, guaranty fund deposit
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A title insurer shall not be entitled to have a certificate of authority unless it otherwise qualifies therefor, nor unless it is a stock corporation and it deposits and keeps on deposit with the Commissioner of Finance through the Commissioner of Insurance a guaranty fund in amo…
22 V.I.C. § 1153 Impairment of deposit
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If an insurer's guaranty fund deposit becomes impaired for any cause, the Commissioner shall forthwith give notice thereof to the insurer, requiring that the impairment be cured within 30 days after the date of the notice. If the impairment is not so cured, the Commissioner shall…
22 V.I.C. § 1154 Levy of execution against deposit
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(1) If an insurer fails to satisfy any judgment against it arising out of its liability under any title insurance policy or certificate of title issued, insured, or assumed by it, within 30 days after the finality of the judgment became fixed, the judgment may be enforced against…
22 V.I.C. § 1155 Registration of securities
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The securities comprising the guaranty fund deposit shall be registered in the name of or endorsed or assigned to the Commissioner of Finance.
22 V.I.C. § 1156 Purpose of deposit
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(a) The securities comprising the guaranty fund deposit shall be held by the Commissioner of Finance as a special guaranty fund securing the faithful performance by the insurer of all its undertakings and liabilities as to any title guaranteed or insured by it. (b) Such deposit s…
22 V.I.C. § 1157 Termination of deposit
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(a) A guaranty fund deposit shall be terminated only upon the existence of any of the following conditions:(1) upon termination of all liabilities of the insurer, other than through reinsurance, under all guaranties or insurances of titles made, issued, or assumed by it; or(2) up…
22 V.I.C. § 1158 Release of securities
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(a) Upon any termination of the guaranty fund deposit, the Commissioner of Finance shall release, through the Commissioner of Insurance, the securities comprising it to the insurer after the following conditions have been complied with:(1) the insurer shall make written applicati…
22 V.I.C. § 1159 Investments
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(1) The funds of a domestic title insurer, other than those representing its guaranty fund deposit, shall be invested as follows:(1) funds in amount not less than its required special reserve shall be kept invested in investments eligible for domestic life insurers;(2) other fund…
22 V.I.C. § 1160 Premium rates
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(a) Premium rates for the insuring or guaranteeing of titles shall not be excessive, inadequate, or unfairly discriminatory. (b) Each title insurer shall file with the Commissioner a schedule showing the premium rates to be charged by it. Every addition to or modification of such…
22 V.I.C. § 1161 Taxation of title insurers
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Title insurers and their property shall be taxed by this territory in accordance with the general laws relating to taxation, and not otherwise.
22 V.I.C. § 1201 Unfair practices in general
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(a) No person engaged in the business of insurance shall engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of such business as such methods, acts, or practices are defined pursuant to subsection (b) of this section. (b) In addition…
22 V.I.C. § 1202 Anticompact law
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(a) No person shall either within or outside this territory enter into any contract, understanding or combination with any other person to do jointly or severally any act or engage in any practice for any of the following purposes:(1) controlling the rates to be charged for insur…
22 V.I.C. § 1203 False financial statements
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No person shall knowingly file with any public official nor knowingly make, publish, or disseminate any financial statement of an insurer which does not accurately state the insurer's financial condition.
22 V.I.C. § 1204 False information and advertising
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No person shall knowingly make, publish, or disseminate any false, deceptive or misleading representation or advertising in the conduct of the business of insurance or relative to any person engaged therein.
22 V.I.C. § 1205 Advertising must show name and domicile
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Every advertisement of, by, or on behalf of an insurer shall set forth the name in full of the insurer and the location of its home office or principal office, if any, in the United States (if an alien insurer).
22 V.I.C. § 1206 Insurer name, deceptive use prohibited
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No person who is not an insurer shall assume or use any name which deceptively infers or suggests that it is an insurer.
22 V.I.C. § 1207 Advertising of financial condition
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(a) Every advertisement by or on behalf of any insurer purporting to show its financial condition may be in a condensed form but shall in substance correspond with the insurer's last verified statement filed with the Commissioner. (b) No insurer or person in its behalf shall adve…
22 V.I.C. § 1208 Defamation of insurer
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No person shall make, publish, or disseminate, or aid, abet or encourage the making, publishing, or dissemination of any information or statement which is false or maliciously critical and which is designed to injure in its reputation or business any authorized insurer or any dom…
22 V.I.C. § 1209 Misrepresentation of policies
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No person shall make, issue or circulate, or cause to be made, issued or circulated any misrepresentation of the terms of any policy or the benefits or advantages promised thereby, or the dividends or share of surplus to be received thereon, or use any name or title of any policy…
22 V.I.C. § 1210 Dividends not to be guaranteed
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No insurer, agent, broker, solicitor, or other person, shall guarantee or agree to the payment of future dividends or future refunds of unused premiums or savings in any specific or approximate amounts or percentages on account of any insurance contract.
22 V.I.C. § 1211 Political contributions
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(a) No insurer or fraternal benefit society doing business in this territory shall directly or indirectly pay or use, or offer, consent or agree to pay or use any money or thing of value for or in aid of any political party; nor for or in aid of any candidate for any political of…
22 V.I.C. § 1212 Misconduct of officers, employers
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(1) No director, officer, agent, attorney in fact, or employee of an insurer shall—(1) knowingly receive or possess himself of any of its property, otherwise than in payment for a just demand, and with intent to defraud, omit to make or to cause or direct to be made, a full and t…
22 V.I.C. § 1213 Presumption of knowledge of director
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A director of an insurer is deemed to have such knowledge of its affairs as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of any provision of this chapter. If present at a meeting of directors at which any act, proceeding, or …
22 V.I.C. § 1214 Rebating
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(a) Except to the extent provided for in an applicable filing with the Commissioner then in effect, no insurer, general agent, agent, broker, or solicitor shall, as an inducement to insurance, or after insurance has been effected, directly or indirectly, offer, promise, allow, gi…
22 V.I.C. § 1215 Illegal inducements
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(a) No insurer, general agent, agent, broker, solicitor, or other person shall, as an inducement to insurance, or in connection with any insurance transaction, provide in any policy for, or offer, or sell, buy, or offer or promise to buy or give, or promise, or allow to the insur…
22 V.I.C. § 1216 Life or disability insurers, insurance as inducement to purchase of goods, etc
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No life or disability insurer shall directly or indirectly participate in any plan to offer or effect any kind or kinds of insurance in this territory as an inducement to the purchase by the public of any goods, securities, commodities, services or subscriptions to publications. …
22 V.I.C. § 1217 Rebating, license revocation
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The Commissioner shall revoke the certificates of authority or licenses of any insurer, general agent, agent, broker, or solicitor guilty of violating any provision contained in sections 1214 and 1215 of this title. No such insurer, general agent, agent, broker, or solicitor shal…
22 V.I.C. § 1218 Rebate, acceptance prohibited
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(a) No insured person shall receive or accept, directly or indirectly, any rebate of premium or part thereof, or any favor, advantage, share in dividends, or other benefit, or any valuable consideration or inducement not specified or provided for in the policy, or any commission …
22 V.I.C. § 1219 Twisting prohibited
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No person shall by misrepresentation or by misleading comparisons, induce or tend to induce any insured to lapse, terminate, forfeit, surrender, retain, or convert any insurance policy.
22 V.I.C. § 1220 Illegal dealing in premiums
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(a) No person shall wilfully collect any sum as premium for insurance, which insurance is not then provided or is not in due course to be provided by an insurance policy issued by an insurer as authorized by this title. (b) No person shall wilfully collect as premium for insuranc…