§ 38.2-617 — Individual remedies

Virginia § 38.2-617

• Jurisdiction: Virginia
• Title 38.2: Insurance
• Ch. 6: Insurance Information and Privacy Protection
• Art. 1: Collection, Use, and Dissemination of Information

Text

A. If any insurance institution, agent, or insurance-support organization fails to comply with §§ 38.2-608, 38.2-609, or § 38.2-610, any person whose rights granted under those sections are violated may apply to a court of competent jurisdiction for appropriate equitable relief.

B. An insurance institution, agent, or insurance-support organization that discloses information in violation of § 38.2-613 shall be liable for damages sustained by the individual to whom the information relates. No individual, however, shall be entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of § 38.2-613.

C. In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.

D. An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.

E. Except as specifically provided in this section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this article.

Legislative History

1981, c. 389, § 38.1-57.24; 1986, c. 562; 2020, c. 264.