A. Notwithstanding the provisions of § 38.2-218, any insurer, rate service organization or other person who knowingly or willfully violates any provision of § 38.2-1916 shall be punished for each such violation by a penalty of not more than $100,000 and may be subject to suspension or revocation of any license issued by the Commission.
B. Any person threatened with injury or damage to his business or property by reason of a violation of § 38.2-1916 may petition the Commission for injunctive relief pursuant to § 38.2-220.
C. The Commission may require an insurer, rate service organization, or other person to make restitution in the amount of the direct actual financial loss, including any costs associated with bringing such a matter before the Commission and reasonable attorney's fees, to (i) the Commonwealth, a political subdivision thereof, or any public agency injured in its business or property or (ii) any person injured in his business or property by reason of a violation of § 38.2-1916. If the Commission finds that the violation is willful or flagrant, it may increase the restitution payment to an amount not in excess of three times the actual damages sustained.
1990, c. 596.
Structure Code of Virginia
Chapter 19 - Regulation of Rates Generally
§ 38.2-1900. Purposes of chapter
§ 38.2-1903.1. Exemptions of large commercial risks
§ 38.2-1905. Motor vehicle insurer not to charge points or increase premiums in certain instances
§ 38.2-1906. Filing and use of rates
§ 38.2-1906.1. Misquote of premium
§ 38.2-1907. Filings open to inspection
§ 38.2-1908. Rate making and delegation of filing obligation
§ 38.2-1909. Review of rates by Commission
§ 38.2-1910. Disapproval of rates
§ 38.2-1911. Special restrictions on individual insurers
§ 38.2-1912. Delayed effect of rates; certification of reinsurance with affiliated company
§ 38.2-1913. Operation and control of rate service organizations
§ 38.2-1914. Licensing of rate service organizations
§ 38.2-1915. Joint underwriting or joint reinsurance organizations
§ 38.2-1916. Certain conduct by insurers and rate service organizations prohibited
§ 38.2-1916.2. Penalties; injunctive relief; restitution
§ 38.2-1917. Injunctive relief
§ 38.2-1918. Agreements for equitable apportionment of insurance
§ 38.2-1919.1. Interchange of rating data and information
§ 38.2-1920. Excess rate for a specific risk
§ 38.2-1921. Combination policies
§ 38.2-1921.1. Professional employer organization workers' compensation rating
§ 38.2-1922. No rule prohibiting or regulating payment of dividends, etc., to be adopted
§ 38.2-1923. Person aggrieved by application of rating system to be heard; appeal to Commission
§ 38.2-1927. Withholding information; giving false or misleading information