Code of Virginia
Chapter 6 - Insurance Information and Privacy Protection
§ 38.2-617. Individual remedies

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

Structure Code of Virginia

Code of Virginia

Title 38.2 - Insurance

Chapter 6 - Insurance Information and Privacy Protection

§ 38.2-600. Purposes

§ 38.2-601. Application of article

§ 38.2-602. Definitions

§ 38.2-603. Pretext interviews

§ 38.2-604. Notice of information collection and disclosure practices

§ 38.2-604.1. Notice of financial information collection and disclosure practices

§ 38.2-605. Marketing and research surveys

§ 38.2-606. Content of disclosure authorization forms

§ 38.2-607. Investigative consumer reports

§ 38.2-608. Access to recorded personal information

§ 38.2-609. Correction, amendment, or deletion of recorded personal information

§ 38.2-610. Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information

§ 38.2-611. Information concerning previous adverse underwriting decisions

§ 38.2-612. Bases for adverse underwriting decisions

§ 38.2-612.1. Special requirements for providing financial information to nonaffiliated third parties

§ 38.2-612.2. Protection of the Fair Credit Reporting Act

§ 38.2-613. Disclosure limitations and conditions

§ 38.2-613.01. Commission to promulgate regulations on disclosure of certain medical test results to insurance applicants

§ 38.2-613.1. Disclosure of agent's moratorium required

§ 38.2-613.2. Repealed

§ 38.2-614. Powers of Commission

§ 38.2-615. Hearings and procedures

§ 38.2-616. Service of process on insurance-support organizations

§ 38.2-617. Individual remedies

§ 38.2-618. Immunity of persons disclosing information

§ 38.2-619. Obtaining information under false pretenses

§ 38.2-620. Repealed

§ 38.2-621. Definitions

§ 38.2-622. Private cause of action; neither created nor curtailed

§ 38.2-623. Information security program

§ 38.2-624. Investigation of a cybersecurity event

§ 38.2-625. Notice to Commissioner

§ 38.2-626. Notice to consumers

§ 38.2-627. Powers and duties of the Commission; exclusive state standards

§ 38.2-628. Confidentiality

§ 38.2-629. Exceptions