{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-218.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-218.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-218.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-218.html"}],"law_id":64490,"edition_id":1,"section_id":64490,"structure_id":14221,"section_number":"38.2-218","catch_line":"Penalties and restitution payments","history":"Code 1950, \u00a7 38-24; 1952, c. 317, \u00a7 38.1-40; 1986, c. 562; 2010, c. 226.","full_text":"A\n\nAny person who knowingly or willfully violates any provision of this title or any regulation issued pursuant to this title shall be punished for each violation by a penalty of not more than $5,000.B\n\nAny person who violates without knowledge or intent any provision of this title or any rule, regulation, or order issued pursuant to this title may be punished for each violation by a penalty of not more than $1,000. For the purpose of this subsection, a series of similar violations resulting from the same act shall be limited to a penalty in the aggregate of not more than $10,000.C\n\nAny violation resulting solely from a malfunction of mechanical or electronic equipment shall not be subject to a penalty.D\n\n1. The Commission may require a person to make restitution in the amount of the direct actual financial loss:\n\t\t\ta. For charging a rate in excess of that provided by statute or by the rates filed with the Commission by the insurer;\n\t\t\tb. For charging a premium that is determined by the Commission to be unfairly discriminatory, such restitution being limited to a period of one year from the date of determination;\n\t\t\tc. For failing to pay amounts explicitly required by the terms of the insurance contract where no aspect of the claim is disputed by the insurer; and\n\t\t\td. For improperly withholding, misappropriating, or converting any money or property received in the course of doing business.2\n\nThe Commission shall have no jurisdiction to adjudicate controversies growing out of this subsection regarding restitution among insurers, insureds, agents, claimants and beneficiaries.E\n\nThe provisions provided under this section may be imposed in addition to or without imposing any other penalties or actions provided by law.","order_by":null,"text":{"0":{"id":234728,"text":"Any person who knowingly or willfully violates any provision of this title or any regulation issued pursuant to this title shall be punished for each violation by a penalty of not more than $5,000.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234729,"text":"Any person who violates without knowledge or intent any provision of this title or any rule, regulation, or order issued pursuant to this title may be punished for each violation by a penalty of not more than $1,000. For the purpose of this subsection, a series of similar violations resulting from the same act shall be limited to a penalty in the aggregate of not more than $10,000.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":234730,"text":"Any violation resulting solely from a malfunction of mechanical or electronic equipment shall not be subject to a penalty.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":234731,"text":"1. The Commission may require a person to make restitution in the amount of the direct actual financial loss:\n\t\t\ta. For charging a rate in excess of that provided by statute or by the rates filed with the Commission by the insurer;\n\t\t\tb. For charging a premium that is determined by the Commission to be unfairly discriminatory, such restitution being limited to a period of one year from the date of determination;\n\t\t\tc. For failing to pay amounts explicitly required by the terms of the insurance contract where no aspect of the claim is disputed by the insurer; and\n\t\t\td. For improperly withholding, misappropriating, or converting any money or property received in the course of doing business.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D2"},"4":{"id":234732,"text":"The Commission shall have no jurisdiction to adjudicate controversies growing out of this subsection regarding restitution among insurers, insureds, agents, claimants and beneficiaries.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"E"},"5":{"id":234733,"text":"The provisions provided under this section may be imposed in addition to or without imposing any other penalties or actions provided by law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2"}},"ancestry":[{"id":14221,"edition_id":1,"name":"Provisions of a General Nature","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:47:20","date_modified":"2026-06-26 03:47:20","permalink":{"id":213095,"object_type":"structure","relational_id":14221,"identifier":"2","token":"38.2\/2","url":"\/38.2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84875,"structure_id":14221,"section_number":"38.2-200","catch_line":"General powers of the Commission relative to insurance","url":"\/38.2-200\/","token":"38.2\/2\/38.2-200","metadata":false},{"id":70951,"structure_id":14221,"section_number":"38.2-201","catch_line":"Recommendations by Commission to General Assembly","url":"\/38.2-201\/","token":"38.2\/2\/38.2-201","metadata":false},{"id":71634,"structure_id":14221,"section_number":"38.2-202","catch_line":"Regulation of solicitation of proxies, consents and authorizations","url":"\/38.2-202\/","token":"38.2\/2\/38.2-202","metadata":false},{"id":66056,"structure_id":14221,"section_number":"38.2-203","catch_line":"Management and exclusive agency contracts subject to approval by Commission","url":"\/38.2-203\/","token":"38.2\/2\/38.2-203","metadata":false},{"id":86443,"structure_id":14221,"section_number":"38.2-204","catch_line":"Repealed","url":"\/38.2-204\/","token":"38.2\/2\/38.2-204","metadata":false},{"id":55426,"structure_id":14221,"section_number":"38.2-205.1","catch_line":"Temporary contracts of insurance permitted","url":"\/38.2-205.1\/","token":"38.2\/2\/38.2-205.1","metadata":false},{"id":77907,"structure_id":14221,"section_number":"38.2-206","catch_line":"Corporations as members of mutual insurers","url":"\/38.2-206\/","token":"38.2\/2\/38.2-206","metadata":false},{"id":78608,"structure_id":14221,"section_number":"38.2-207","catch_line":"Enforcement of right of subrogation in name of insured","url":"\/38.2-207\/","token":"38.2\/2\/38.2-207","metadata":false},{"id":66293,"structure_id":14221,"section_number":"38.2-208","catch_line":"Limitation of risks generally","url":"\/38.2-208\/","token":"38.2\/2\/38.2-208","metadata":false},{"id":71333,"structure_id":14221,"section_number":"38.2-209","catch_line":"Award of insured's attorney fees in certain cases","url":"\/38.2-209\/","token":"38.2\/2\/38.2-209","metadata":false},{"id":57078,"structure_id":14221,"section_number":"38.2-210","catch_line":"Loans to officers, directors, etc., prohibited","url":"\/38.2-210\/","token":"38.2\/2\/38.2-210","metadata":false},{"id":75678,"structure_id":14221,"section_number":"38.2-211","catch_line":"Other interests and payments to officers, directors, etc., prohibited","url":"\/38.2-211\/","token":"38.2\/2\/38.2-211","metadata":false},{"id":78879,"structure_id":14221,"section_number":"38.2-212","catch_line":"Certain compensation not prohibited","url":"\/38.2-212\/","token":"38.2\/2\/38.2-212","metadata":false},{"id":85199,"structure_id":14221,"section_number":"38.2-213","catch_line":"Violation of \u00a7 38.2-210 or \u00a7 38.2-211","url":"\/38.2-213\/","token":"38.2\/2\/38.2-213","metadata":false},{"id":74840,"structure_id":14221,"section_number":"38.2-214","catch_line":"Restrictions upon purchase and sale of equity securities of domestic stock insurers","url":"\/38.2-214\/","token":"38.2\/2\/38.2-214","metadata":false},{"id":64172,"structure_id":14221,"section_number":"38.2-215","catch_line":"Liability of president, chief executive officer or directors if insurance issued when insurer insolvent","url":"\/38.2-215\/","token":"38.2\/2\/38.2-215","metadata":false},{"id":66704,"structure_id":14221,"section_number":"38.2-216","catch_line":"Restrictions on removal or transfer of property and on reinsurance; penalty","url":"\/38.2-216\/","token":"38.2\/2\/38.2-216","metadata":false},{"id":81338,"structure_id":14221,"section_number":"38.2-217","catch_line":"When assets may not be distributed among stockholders","url":"\/38.2-217\/","token":"38.2\/2\/38.2-217","metadata":false},{"id":64490,"structure_id":14221,"section_number":"38.2-218","catch_line":"Penalties and restitution payments","url":"\/38.2-218\/","token":"38.2\/2\/38.2-218","metadata":false},{"id":73928,"structure_id":14221,"section_number":"38.2-219","catch_line":"Violations; procedure; cease and desist orders","url":"\/38.2-219\/","token":"38.2\/2\/38.2-219","metadata":false},{"id":63210,"structure_id":14221,"section_number":"38.2-220","catch_line":"Injunctions","url":"\/38.2-220\/","token":"38.2\/2\/38.2-220","metadata":false},{"id":78078,"structure_id":14221,"section_number":"38.2-221","catch_line":"Enforcement of penalties","url":"\/38.2-221\/","token":"38.2\/2\/38.2-221","metadata":false},{"id":86567,"structure_id":14221,"section_number":"38.2-221.1","catch_line":"Confidentiality of information","url":"\/38.2-221.1\/","token":"38.2\/2\/38.2-221.1","metadata":false},{"id":55819,"structure_id":14221,"section_number":"38.2-221.2","catch_line":"Treatment of confidential information pursuant to federal law","url":"\/38.2-221.2\/","token":"38.2\/2\/38.2-221.2","metadata":false},{"id":69354,"structure_id":14221,"section_number":"38.2-221.3","catch_line":"Confidentiality of applications and investigations","url":"\/38.2-221.3\/","token":"38.2\/2\/38.2-221.3","metadata":false},{"id":84985,"structure_id":14221,"section_number":"38.2-222","catch_line":"Appeals generally","url":"\/38.2-222\/","token":"38.2\/2\/38.2-222","metadata":false},{"id":87496,"structure_id":14221,"section_number":"38.2-223","catch_line":"Rules and regulations; orders","url":"\/38.2-223\/","token":"38.2\/2\/38.2-223","metadata":false},{"id":55846,"structure_id":14221,"section_number":"38.2-224","catch_line":"Procedures","url":"\/38.2-224\/","token":"38.2\/2\/38.2-224","metadata":false},{"id":59699,"structure_id":14221,"section_number":"38.2-225","catch_line":"Disposition of fines and penalties","url":"\/38.2-225\/","token":"38.2\/2\/38.2-225","metadata":false},{"id":81892,"structure_id":14221,"section_number":"38.2-226","catch_line":"Provisions of title not to apply to certain mutual aid associations","url":"\/38.2-226\/","token":"38.2\/2\/38.2-226","metadata":false},{"id":66567,"structure_id":14221,"section_number":"38.2-226.1","catch_line":"Expired","url":"\/38.2-226.1\/","token":"38.2\/2\/38.2-226.1","metadata":false},{"id":84770,"structure_id":14221,"section_number":"38.2-226.2","catch_line":"Provisions of title not applicable to certain long-term care health plans","url":"\/38.2-226.2\/","token":"38.2\/2\/38.2-226.2","metadata":false},{"id":84912,"structure_id":14221,"section_number":"38.2-226.3","catch_line":"Expired","url":"\/38.2-226.3\/","token":"38.2\/2\/38.2-226.3","metadata":false},{"id":62181,"structure_id":14221,"section_number":"38.2-227","catch_line":"Public policy regarding punitive damages","url":"\/38.2-227\/","token":"38.2\/2\/38.2-227","metadata":false},{"id":68082,"structure_id":14221,"section_number":"38.2-228","catch_line":"Proof of future financial responsibility","url":"\/38.2-228\/","token":"38.2\/2\/38.2-228","metadata":false},{"id":62523,"structure_id":14221,"section_number":"38.2-229","catch_line":"Immunity from liability","url":"\/38.2-229\/","token":"38.2\/2\/38.2-229","metadata":false},{"id":84512,"structure_id":14221,"section_number":"38.2-230","catch_line":"Distributions by nonstock corporation","url":"\/38.2-230\/","token":"38.2\/2\/38.2-230","metadata":false},{"id":69255,"structure_id":14221,"section_number":"38.2-231","catch_line":"Notice of cancellation, refusal to renew, reduction in coverage or increase in premium of certain liability insurance policies","url":"\/38.2-231\/","token":"38.2\/2\/38.2-231","metadata":false},{"id":82223,"structure_id":14221,"section_number":"38.2-232","catch_line":"Notice of lapse or pending lapse of certain life and accident and sickness insurance policies","url":"\/38.2-232\/","token":"38.2\/2\/38.2-232","metadata":false},{"id":84169,"structure_id":14221,"section_number":"38.2-233","catch_line":"Credit involuntary unemployment insurance; credit property insurance; disclosure and readability","url":"\/38.2-233\/","token":"38.2\/2\/38.2-233","metadata":false},{"id":57202,"structure_id":14221,"section_number":"38.2-234","catch_line":"Release of information","url":"\/38.2-234\/","token":"38.2\/2\/38.2-234","metadata":false},{"id":69385,"structure_id":14221,"section_number":"38.2-235","catch_line":"Liability insurance; carbon monoxide exclusions","url":"\/38.2-235\/","token":"38.2\/2\/38.2-235","metadata":false},{"id":80448,"structure_id":14221,"section_number":"38.2-236","catch_line":"Notice of settlement payment","url":"\/38.2-236\/","token":"38.2\/2\/38.2-236","metadata":false},{"id":83795,"structure_id":14221,"section_number":"38.2-237","catch_line":"Provider complaints","url":"\/38.2-237\/","token":"38.2\/2\/38.2-237","metadata":false}],"previous_section":{"id":81338,"structure_id":14221,"section_number":"38.2-217","catch_line":"When assets may not be distributed among stockholders","url":"\/38.2-217\/","token":"38.2\/2\/38.2-217","metadata":false},"next_section":{"id":73928,"structure_id":14221,"section_number":"38.2-219","catch_line":"Violations; procedure; cease and desist orders","url":"\/38.2-219\/","token":"38.2\/2\/38.2-219","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-218\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 317; in 1986, chapter 562; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0226\">226<\/a>.<\/p>","references":[{"id":63152,"section_number":"38.2-1317.1","catch_line":"Examinations; nature and scope","order_by":null,"url":"\/38.2-1317.1\/"},{"id":84275,"section_number":"38.2-1332","catch_line":"Examinations","order_by":null,"url":"\/38.2-1332\/"},{"id":59046,"section_number":"38.2-1356","catch_line":"Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1356\/"},{"id":83354,"section_number":"38.2-1363","catch_line":"Penalties and liabilities; grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1363\/"},{"id":77079,"section_number":"38.2-1802","catch_line":"Acting as agent for unlicensed insurer prohibited; penalties","order_by":null,"url":"\/38.2-1802\/"},{"id":79135,"section_number":"38.2-1814.1","catch_line":"License required of resident title insurance agent","order_by":null,"url":"\/38.2-1814.1\/"},{"id":79658,"section_number":"38.2-1823","catch_line":"Penalty for acting for insurer, joint underwriting association, etc., when not licensed","order_by":null,"url":"\/38.2-1823\/"},{"id":75184,"section_number":"38.2-1831","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1831\/"},{"id":56139,"section_number":"38.2-1833","catch_line":"Appointments of agents","order_by":null,"url":"\/38.2-1833\/"},{"id":75796,"section_number":"38.2-1834","catch_line":"Duration of appointment; annual renewal of agent's appointment","order_by":null,"url":"\/38.2-1834\/"},{"id":60737,"section_number":"38.2-1835","catch_line":"Failure to appoint","order_by":null,"url":"\/38.2-1835\/"},{"id":73546,"section_number":"38.2-1843","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation or suspension of license","order_by":null,"url":"\/38.2-1843\/"},{"id":73810,"section_number":"38.2-1845.10","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1845.10\/"},{"id":82459,"section_number":"38.2-1857.7","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1857.7\/"},{"id":70329,"section_number":"38.2-1865.2","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","order_by":null,"url":"\/38.2-1865.2\/"},{"id":54415,"section_number":"38.2-1879","catch_line":"Suspension or revocation of license","order_by":null,"url":"\/38.2-1879\/"},{"id":59782,"section_number":"38.2-1885","catch_line":"Suspension or revocation of license","order_by":null,"url":"\/38.2-1885\/"},{"id":59022,"section_number":"38.2-1888.1","catch_line":"Suspension, revocation, or termination of license","order_by":null,"url":"\/38.2-1888.1\/"},{"id":56275,"section_number":"38.2-1889","catch_line":"Suspension, revocation, or termination of license","order_by":null,"url":"\/38.2-1889\/"},{"id":75759,"section_number":"38.2-1916.1","catch_line":"Investigation by Attorney General of suspected violations; investigative demand to witnesses; access to business records, etc.; penalties","order_by":null,"url":"\/38.2-1916.1\/"},{"id":54431,"section_number":"38.2-1916.2","catch_line":"Penalties; injunctive relief; restitution","order_by":null,"url":"\/38.2-1916.2\/"},{"id":73928,"section_number":"38.2-219","catch_line":"Violations; procedure; cease and desist orders","order_by":null,"url":"\/38.2-219\/"},{"id":86538,"section_number":"38.2-2505","catch_line":"Risks limited to those specified in this chapter; personal liability for loss","order_by":null,"url":"\/38.2-2505\/"},{"id":79156,"section_number":"38.2-3103","catch_line":"Fraudulent procurement of policy; penalty","order_by":null,"url":"\/38.2-3103\/"},{"id":63114,"section_number":"38.2-3111.1","catch_line":"Annuity contract purchased to fund retirement benefits; transfer subject to Commission approval","order_by":null,"url":"\/38.2-3111.1\/"},{"id":59025,"section_number":"38.2-3319.2","catch_line":"Review of records","order_by":null,"url":"\/38.2-3319.2\/"},{"id":83988,"section_number":"38.2-3403","catch_line":"Fraudulent procurement of policy","order_by":null,"url":"\/38.2-3403\/"},{"id":81846,"section_number":"38.2-3407.3","catch_line":"Calculation of cost-sharing provisions","order_by":null,"url":"\/38.2-3407.3\/"},{"id":56089,"section_number":"38.2-3459","catch_line":"Grounds for termination, placing on probation, revocation, or suspension of registration","order_by":null,"url":"\/38.2-3459\/"},{"id":71976,"section_number":"38.2-3523.1","catch_line":"Review of records","order_by":null,"url":"\/38.2-3523.1\/"},{"id":78633,"section_number":"38.2-3564","catch_line":"Binding nature of external review decision","order_by":null,"url":"\/38.2-3564\/"},{"id":65176,"section_number":"38.2-4134","catch_line":"Penalties","order_by":null,"url":"\/38.2-4134\/"},{"id":55347,"section_number":"38.2-4214","catch_line":"Application of certain provisions of law","order_by":null,"url":"\/38.2-4214\/"},{"id":67952,"section_number":"38.2-4319","catch_line":"Statutory construction and relationship to other laws","order_by":null,"url":"\/38.2-4319\/"},{"id":60078,"section_number":"38.2-4408","catch_line":"Application of certain provisions","order_by":null,"url":"\/38.2-4408\/"},{"id":62548,"section_number":"38.2-4509","catch_line":"Application of certain laws","order_by":null,"url":"\/38.2-4509\/"},{"id":61457,"section_number":"38.2-4814","catch_line":"Penalties","order_by":null,"url":"\/38.2-4814\/"}],"refers_to":false,"permalink":{"id":213169,"object_type":"law","relational_id":64490,"identifier":"38.2-218","token":"38.2\/2\/38.2-218","url":"\/38.2-218\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-218\/","token":"38.2\/2\/38.2-218","dublin_core":{"Title":"Penalties and restitution payments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-218","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any <span class=\"dictionary\">person<\/span> who knowingly or willfully violates any provision of this title or any regulation issued pursuant to this title shall be punished for each violation by a <span class=\"dictionary\">penalty<\/span> of not more than $5,000. <a id=\"paragraph-234728\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-218\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any <span class=\"dictionary\">person<\/span> who violates without knowledge or <span class=\"dictionary\">intent<\/span> any provision of this title or any rule, regulation, or <span class=\"dictionary\">order<\/span> issued pursuant to this title may be punished for each violation by a <span class=\"dictionary\">penalty<\/span> of not more than $1,000. For the purpose of this subsection, a series of similar violations resulting from the same act shall be limited to a <span class=\"dictionary\">penalty<\/span> in the aggregate of not more than $10,000. <a id=\"paragraph-234729\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-218\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any violation resulting solely from a malfunction of mechanical or electronic equipment shall not be subject to a <span class=\"dictionary\">penalty<\/span>. <a id=\"paragraph-234730\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-218\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> 1. The <span class=\"dictionary\">Commission<\/span> may require a <span class=\"dictionary\">person<\/span> to make <span class=\"dictionary\">restitution<\/span> in the amount of the direct actual financial loss:\n\t\t\ta. For charging a <span class=\"dictionary\">rate<\/span> in excess of that provided by <span class=\"dictionary\">statute<\/span> or by the <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> filed with the <span class=\"dictionary\">Commission<\/span> by the <span class=\"dictionary\">insurer<\/span>;\n\t\t\tb. For charging a premium that is determined by the <span class=\"dictionary\">Commission<\/span> to be unfairly discriminatory, such <span class=\"dictionary\">restitution<\/span> being limited to a period of one year from the date of determination;\n\t\t\tc. For failing to pay amounts explicitly required by the terms of the <span class=\"dictionary\">insurance<\/span> <span class=\"dictionary\">contract<\/span> where no aspect of the claim is disputed by the <span class=\"dictionary\">insurer<\/span>; and\n\t\t\td. For improperly withholding, misappropriating, or converting any money or property received in the course of doing business. <a id=\"paragraph-234731\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-218\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">Commission<\/span> shall have no <span class=\"dictionary\">jurisdiction<\/span> to <span class=\"dictionary\">adjudicate<\/span> controversies growing out of this subsection regarding <span class=\"dictionary\">restitution<\/span> among <span class=\"dictionary\">insurers<\/span>, insureds, agents, claimants and beneficiaries. <a id=\"paragraph-234732\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-218\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The provisions provided under this section may be imposed in addition to or without imposing any other penalties or actions provided by <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-234733\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-218\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPENALTIES AND RESTITUTION PAYMENTS (\u00a7 38.2-218)\n\nA. Any person who knowingly or willfully violates any provision of this title or\nany regulation issued pursuant to this title shall be punished for each\nviolation by a penalty of not more than $5,000.\n\nB. Any person who violates without knowledge or intent any provision of this\ntitle or any rule, regulation, or order issued pursuant to this title may be\npunished for each violation by a penalty of not more than $1,000. For the\npurpose of this subsection, a series of similar violations resulting from the\nsame act shall be limited to a penalty in the aggregate of not more than\n$10,000.\n\nC. Any violation resulting solely from a malfunction of mechanical or electronic\nequipment shall not be subject to a penalty.\n\nD. 1. The Commission may require a person to make restitution in the amount of\nthe direct actual financial loss:\n\t\t\ta. For charging a rate in excess of that provided by statute or by the rates\nfiled with the Commission by the insurer;\n\t\t\tb. For charging a premium that is determined by the Commission to be unfairly\ndiscriminatory, such restitution being limited to a period of one year from the\ndate of determination;\n\t\t\tc. For failing to pay amounts explicitly required by the terms of the\ninsurance contract where no aspect of the claim is disputed by the insurer; and\n\t\t\td. For improperly withholding, misappropriating, or converting any money or\nproperty received in the course of doing business.\n\n   2. The Commission shall have no jurisdiction to adjudicate controversies\n   growing out of this subsection regarding restitution among insurers, insureds,\n   agents, claimants and beneficiaries.\n\nE. The provisions provided under this section may be imposed in addition to or\nwithout imposing any other penalties or actions provided by law.\n\nHISTORY: Code 1950, \u00a7 38-24; 1952, c. 317, \u00a7 38.1-40; 1986, c. 562; 2010, c.\n226.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}