{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-6012.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-6012.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-6012.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-6012.html"}],"law_id":66961,"edition_id":1,"section_id":66961,"structure_id":15429,"section_number":"38.2-6012","catch_line":"Civil remedies","history":"2003, c. 717.","full_text":"A\n\nAny person damaged by the acts of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction.B\n\nThe Commission shall have no jurisdiction to adjudicate controversies between licensees, or between a licensee under this chapter and a viator or an insured.C\n\nIf there is more than one viator on a single policy and the viators are residents of different states, contractual disputes arising from the viatical settlement shall be governed by the law of the state in which the viator having the largest percentage ownership resides or, if the viators hold equal ownership, the state of residence of one viator agreed upon in writing by all viators, provided that the application of another state’s laws shall not impair or limit the ability of the Commission to apply and enforce the provisions of this chapter or Article 6.1 (§ 38.2-1865.1 et seq.) of Chapter 18 of this title in its regulation of transactions with a resident of this Commonwealth.","order_by":null,"text":{"0":{"id":242754,"text":"Any person damaged by the acts of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242755,"text":"The Commission shall have no jurisdiction to adjudicate controversies between licensees, or between a licensee under this chapter and a viator or an insured.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":242756,"text":"If there is more than one viator on a single policy and the viators are residents of different states, contractual disputes arising from the viatical settlement shall be governed by the law of the state in which the viator having the largest percentage ownership resides or, if the viators hold equal ownership, the state of residence of one viator agreed upon in writing by all viators, provided that the application of another state’s laws shall not impair or limit the ability of the Commission to apply and enforce the provisions of this chapter or Article 6.1 (§ 38.2-1865.1 et seq.) of Chapter 18 of this title in its regulation of transactions with a resident of this Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15429,"edition_id":1,"name":"Viatical Settlements Act","identifier":"60","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:54:55","date_modified":"2026-06-26 03:54:55","permalink":{"id":218163,"object_type":"structure","relational_id":15429,"identifier":"60","token":"38.2\/60","url":"\/38.2\/60\/","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":85466,"structure_id":15429,"section_number":"38.2-6000","catch_line":"Definitions","url":"\/38.2-6000\/","token":"38.2\/60\/38.2-6000","metadata":false},{"id":85657,"structure_id":15429,"section_number":"38.2-6001","catch_line":"Viatical settlement brokers","url":"\/38.2-6001\/","token":"38.2\/60\/38.2-6001","metadata":false},{"id":61028,"structure_id":15429,"section_number":"38.2-6002","catch_line":"Viatical settlement providers, license requirements","url":"\/38.2-6002\/","token":"38.2\/60\/38.2-6002","metadata":false},{"id":76487,"structure_id":15429,"section_number":"38.2-6003","catch_line":"Approval of viatical settlement contracts and disclosure 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rules","url":"\/38.2-6008\/","token":"38.2\/60\/38.2-6008","metadata":false},{"id":73158,"structure_id":15429,"section_number":"38.2-6009","catch_line":"Prohibited practices","url":"\/38.2-6009\/","token":"38.2\/60\/38.2-6009","metadata":false},{"id":66115,"structure_id":15429,"section_number":"38.2-6010","catch_line":"Advertising for viatical settlements","url":"\/38.2-6010\/","token":"38.2\/60\/38.2-6010","metadata":false},{"id":84400,"structure_id":15429,"section_number":"38.2-6011","catch_line":"Fraud prevention and control","url":"\/38.2-6011\/","token":"38.2\/60\/38.2-6011","metadata":false},{"id":66961,"structure_id":15429,"section_number":"38.2-6012","catch_line":"Civil remedies","url":"\/38.2-6012\/","token":"38.2\/60\/38.2-6012","metadata":false},{"id":77614,"structure_id":15429,"section_number":"38.2-6013","catch_line":"Unfair trade practices","url":"\/38.2-6013\/","token":"38.2\/60\/38.2-6013","metadata":false},{"id":58773,"structure_id":15429,"section_number":"38.2-6014","catch_line":"Commission authority","url":"\/38.2-6014\/","token":"38.2\/60\/38.2-6014","metadata":false},{"id":70459,"structure_id":15429,"section_number":"38.2-6015","catch_line":"Immunity from liability","url":"\/38.2-6015\/","token":"38.2\/60\/38.2-6015","metadata":false},{"id":60651,"structure_id":15429,"section_number":"38.2-6016","catch_line":"Applicability of securities laws","url":"\/38.2-6016\/","token":"38.2\/60\/38.2-6016","metadata":false}],"previous_section":{"id":84400,"structure_id":15429,"section_number":"38.2-6011","catch_line":"Fraud prevention and control","url":"\/38.2-6011\/","token":"38.2\/60\/38.2-6011","metadata":false},"next_section":{"id":77614,"structure_id":15429,"section_number":"38.2-6013","catch_line":"Unfair trade 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This law was first created in 2003. The record of its establishment is cataloged in chapter 717<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":71463,"section_number":"38.2-1865.1","catch_line":"License required for viatical settlement brokers; Commission's authority; conditions; renewal application and fee; reinstatement; waiver; fingerprinting","order_by":null,"url":"\/38.2-1865.1\/"}],"permalink":{"id":218213,"object_type":"law","relational_id":66961,"identifier":"38.2-6012","token":"38.2\/60\/38.2-6012","url":"\/38.2-6012\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-6012\/","token":"38.2\/60\/38.2-6012","dublin_core":{"Title":"Civil remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-6012","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> damaged by the acts of a person<\/span> in violation of this chapter may bring a civil action<\/span> against the person<\/span> committing the violation in a court<\/span> of competent jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall have no jurisdiction<\/span> to adjudicate<\/span> controversies between licensees, or between a licensee under this chapter<\/span> and a viator<\/span> or an insured. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If there is more than one viator<\/span> on a single policy<\/span> and the viators<\/span> are residents of different states<\/span>, contractual disputes arising from the viatical settlement<\/span> shall be governed by the law<\/span> of the state<\/span> in which the viator<\/span> having the largest percentage ownership resides or, if the viators<\/span> hold equal ownership, the state<\/span> of residence of one viator<\/span> agreed upon in writing by all viators<\/span>, provided that the application of another state<\/span>’s laws<\/span> shall not impair or limit the ability of the Commission<\/span> to apply and enforce the provisions of this chapter or Article 6.1 (§ 38.2-1865.1<\/a> et seq.) of Chapter 18 of this title in its regulation of transactions with a resident of this Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL REMEDIES (\u00a7 38.2-6012)\n\nA. Any person damaged by the acts of a person in violation of this chapter may\nbring a civil action against the person committing the violation in a court of\ncompetent jurisdiction.\n\nB. The Commission shall have no jurisdiction to adjudicate controversies between\nlicensees, or between a licensee under this chapter and a viator or an insured.\n\nC. If there is more than one viator on a single policy and the viators are\nresidents of different states, contractual disputes arising from the viatical\nsettlement shall be governed by the law of the state in which the viator having\nthe largest percentage ownership resides or, if the viators hold equal\nownership, the state of residence of one viator agreed upon in writing by all\nviators, provided that the application of another state’s laws shall not\nimpair or limit the ability of the Commission to apply and enforce the\nprovisions of this chapter or Article 6.1 (§ 38.2-1865.1 et seq.) of\nChapter 18 of this title in its regulation of transactions with a resident of\nthis Commonwealth.\n\nHISTORY: 2003, c. 717.","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}}