PassSprint
State RegulationsVA specificDifficulty 3/5

A viatical settlement broker in Virginia has no written agreement with a policyowner identifying whose interests the broker serves. A dispute arises over the broker's loyalty. How is the broker's agency status resolved?

Select an option to reveal the answer and the full 3-part explanation — free, no signup.

Answer & full 3-part explanation (select an option above, or peek)

Why D is correct

Va. Code § 38.2-1865.1 resolves the question by presumption: in the absence of a written agreement making the broker the viator's agent, viatical settlement brokers are presumed to be agents of the viatical settlement providers. A policyowner who wants the broker on her side of the transaction must sign a written agency agreement before services begin. The rule allocates loyalty by default to the paying side of the deal, and the Commission and the Virginia Bureau of Insurance treat the presumption as settled Virginia law.

Why the other options are wrong

  • A) The issuing insurer is not the default principal; the presumption runs to the viatical settlement provider.
  • B) The statutory presumption favors the provider, not the viator, when no written agency agreement exists.
  • C) The statute fixes the broker's agency status by presumption; it is not left undefined without a written agreement.

Memory hook

No paper naming you the viator's agent? The law sides with the provider.

Keep studying

Related Practice Questions

Your study shortcut

Install PassSprint

Add PassSprint to your Home Screen and open it like an app whenever you're ready to practice.

  1. Open this website in Chrome.
  2. Tap the three-dot menu (⋮) at the top right.
  3. Choose Install app or Add to Home screen → Install, then confirm.

Once added, tap the PassSprint icon on your Home Screen to get started.

Can't find the install option?

If you opened this link inside another app, copy it and open it in Chrome. Menu names can vary by browser.