{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-6015.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-6015.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-6015.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-6015.html"}],"law_id":70459,"edition_id":1,"section_id":70459,"structure_id":15429,"section_number":"38.2-6015","catch_line":"Immunity from liability","history":"2003, c. 717.","full_text":"A\n\nNo cause of action shall arise nor shall any liability be imposed against the Commission, the Commissioner of Insurance, or any of the Commission’s employees or agents, for any statements made or conduct performed in good faith while carrying out the provisions of this chapter or Article 6.1 (§ 38.2-1865.1 et seq.) of Chapter 18 of this title.B\n\nNo cause of action shall arise, nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the Commission, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.C\n\nNo civil liability shall be imposed on and no cause of action shall arise from a person’s furnishing information concerning suspected, anticipated, or completed fraudulent viatical settlement acts or suspected or completed fraudulent insurance acts, if the information is provided to or received from:1\n\nThe Commission, the Commissioner of Insurance, or any of the Commission’s employees or agents;2\n\nFederal, state, or local law enforcement or regulatory officials or their employees, agents or representatives;3\n\nA person involved in the prevention and detection of fraudulent viatical settlement acts or that person’s agents, employees, or representatives;4\n\nThe NAIC, National Association of Securities Dealers, the North American Securities Administrators Association, or their employees, agents or representatives, or other regulatory body overseeing life insurance, viatical settlements, securities, or investment fraud;5\n\nThe life insurer that issued the life insurance policy covering the life of the insured; or6\n\nAny licensee under this chapter, provided the information furnished shall not be utilized as grounds to excuse the direct actions of such licensee.D\n\nImmunity provided by subsection C shall not apply to statements made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent viatical settlement act or a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that subsection C does not apply because the person filing the report or furnishing the information did so with actual malice.E\n\nThis section does not abrogate or modify common law or statutory privileges or immunities enjoyed by a person described in subsections A or C.F\n\nThe documents and evidence provided pursuant to this section or obtained by the Commission in an investigation of suspected or actual fraudulent viatical settlement acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a private civil or criminal action.G\n\nSubsection F does not prohibit release by the Commission of documents and evidence obtained in an investigation of suspected or actual fraudulent viatical settlement acts:1\n\nIn administrative or judicial proceedings to enforce laws administered by the Commission;2\n\nTo federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent viatical settlement acts or to the NAIC; or3\n\nAt the discretion of the Commission, to a person in the business of viatical settlements that is aggrieved by a fraudulent viatical settlement act.H\n\nRelease of documents and evidence under subsection G does not abrogate or modify the privilege granted in subsection F.","order_by":null,"text":{"0":{"id":254263,"text":"No cause of action shall arise nor shall any liability be imposed against the Commission, the Commissioner of Insurance, or any of the Commission’s employees or agents, for any statements made or conduct performed in good faith while carrying out the provisions of this chapter or Article 6.1 (§ 38.2-1865.1 et seq.) of Chapter 18 of this title.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254264,"text":"No cause of action shall arise, nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the Commission, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254265,"text":"No civil liability shall be imposed on and no cause of action shall arise from a person’s furnishing information concerning suspected, anticipated, or completed fraudulent viatical settlement acts or suspected or completed fraudulent insurance acts, if the information is provided to or received from:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":254266,"text":"The Commission, the Commissioner of Insurance, or any of the Commission’s employees or agents;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":254267,"text":"Federal, state, or local law enforcement or regulatory officials or their employees, agents or representatives;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":254268,"text":"A person involved in the prevention and detection of fraudulent viatical settlement acts or that person’s agents, employees, or representatives;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":254269,"text":"The NAIC, National Association of Securities Dealers, the North American Securities Administrators Association, or their employees, agents or representatives, or other regulatory body overseeing life insurance, viatical settlements, securities, or investment fraud;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":254270,"text":"The life insurer that issued the life insurance policy covering the life of the insured; or","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":254271,"text":"Any licensee under this chapter, provided the information furnished shall not be utilized as grounds to excuse the direct actions of such licensee.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"9":{"id":254272,"text":"Immunity provided by subsection C shall not apply to statements made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent viatical settlement act or a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that subsection C does not apply because the person filing the report or furnishing the information did so with actual malice.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C6","next_prefix":"E"},"10":{"id":254273,"text":"This section does not abrogate or modify common law or statutory privileges or immunities enjoyed by a person described in subsections A or C.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":254274,"text":"The documents and evidence provided pursuant to this section or obtained by the Commission in an investigation of suspected or actual fraudulent viatical settlement acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a private civil or criminal action.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":254275,"text":"Subsection F does not prohibit release by the Commission of documents and evidence obtained in an investigation of suspected or actual fraudulent viatical settlement acts:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"13":{"id":254276,"text":"In administrative or judicial proceedings to enforce laws administered by the Commission;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"14":{"id":254277,"text":"To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent viatical settlement acts or to the NAIC; or","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"15":{"id":254278,"text":"At the discretion of the Commission, to a person in the business of viatical settlements that is aggrieved by a fraudulent viatical settlement act.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"H"},"16":{"id":254279,"text":"Release of documents and evidence under subsection G does not abrogate or modify the privilege granted in subsection F.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G3"}},"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 statements","url":"\/38.2-6003\/","token":"38.2\/60\/38.2-6003","metadata":false},{"id":66010,"structure_id":15429,"section_number":"38.2-6004","catch_line":"Reporting requirements","url":"\/38.2-6004\/","token":"38.2\/60\/38.2-6004","metadata":false},{"id":72848,"structure_id":15429,"section_number":"38.2-6005","catch_line":"Privacy","url":"\/38.2-6005\/","token":"38.2\/60\/38.2-6005","metadata":false},{"id":84374,"structure_id":15429,"section_number":"38.2-6006","catch_line":"Examinations; record retention; investigations","url":"\/38.2-6006\/","token":"38.2\/60\/38.2-6006","metadata":false},{"id":83681,"structure_id":15429,"section_number":"38.2-6007","catch_line":"Disclosure","url":"\/38.2-6007\/","token":"38.2\/60\/38.2-6007","metadata":false},{"id":63520,"structure_id":15429,"section_number":"38.2-6008","catch_line":"General 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-6015\/","history_text":"

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":218225,"object_type":"law","relational_id":70459,"identifier":"38.2-6015","token":"38.2\/60\/38.2-6015","url":"\/38.2-6015\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-6015\/","token":"38.2\/60\/38.2-6015","dublin_core":{"Title":"Immunity from liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-6015","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No cause of action<\/span> shall arise nor shall any liability be imposed against the Commission<\/span>, the Commissioner of Insurance<\/span>, or any of the Commission<\/span>’s employees or agents, for any statements made or conduct performed in good faith while carrying out the provisions of this chapter or Article 6.1 (§ 38.2-1865.1<\/a> et seq.) of Chapter 18 of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No cause of action<\/span> shall arise, nor shall any liability be imposed against any person<\/span> for the act of communicating or delivering information or data to the Commission<\/span>, if the act of communication or delivery was performed in good faith and without fraudulent intent<\/span> or the intent<\/span> to deceive. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No civil liability shall be imposed on and no cause of action<\/span> shall arise from a person<\/span>’s furnishing information concerning suspected, anticipated, or completed fraudulent viatical settlement<\/span> acts or suspected or completed fraudulent insurance acts, if the information is provided to or received from: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commission<\/span>, the Commissioner of Insurance<\/span>, or any of the Commission<\/span>’s employees or agents; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Federal, state<\/span>, or local law<\/span> enforcement or regulatory officials or their employees, agents or representatives; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A person<\/span> involved in the prevention and detection of fraudulent viatical settlement<\/span> acts or that person<\/span>’s agents, employees, or representatives; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The NAIC<\/span>, National Association of Securities Dealers, the North American Securities Administrators Association, or their employees, agents or representatives, or other regulatory body overseeing life insurance, viatical settlements<\/span>, securities, or investment fraud<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The life insurer<\/span> that issued the life insurance policy<\/span> covering the life of the insured; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any licensee under this chapter<\/span>, provided the information furnished shall not be utilized as grounds to excuse the direct actions of such licensee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Immunity provided by subsection C shall not apply to statements made with actual malice<\/span>. In an action brought against a person<\/span> for filing a report or furnishing other information concerning a fraudulent viatical settlement<\/span> act or a fraudulent insurance act, the party<\/span> bringing the action shall plead specifically any allegation<\/span> that subsection C does not apply because the person<\/span> filing the report or furnishing the information did so with actual malice<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section does not abrogate or modify common law<\/span> or statutory privileges<\/span> or immunities enjoyed by a person<\/span> described in subsections A or C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The documents and evidence<\/span> provided pursuant to this section or obtained by the Commission<\/span> in an investigation of suspected or actual fraudulent viatical settlement<\/span> acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery<\/span> or subpoena<\/span> in a private civil or criminal action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Subsection F does not prohibit release by the Commission<\/span> of documents and evidence<\/span> obtained in an investigation of suspected or actual fraudulent viatical settlement<\/span> acts: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In administrative or judicial proceedings to enforce laws<\/span> administered by the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To federal, state<\/span>, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent viatical settlement<\/span> acts or to the NAIC<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> At the discretion of the Commission<\/span>, to a person<\/span> in the business of viatical settlements<\/span> that is aggrieved by a fraudulent viatical settlement<\/span> act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Release of documents and evidence<\/span> under subsection G does not abrogate or modify the privilege<\/span> granted in subsection F. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMMUNITY FROM LIABILITY (\u00a7 38.2-6015)\n\nA. No cause of action shall arise nor shall any liability be imposed against the\nCommission, the Commissioner of Insurance, or any of the Commission’s\nemployees or agents, for any statements made or conduct performed in good faith\nwhile carrying out the provisions of this chapter or Article 6.1 (§\n38.2-1865.1 et seq.) of Chapter 18 of this title.\n\nB. No cause of action shall arise, nor shall any liability be imposed against\nany person for the act of communicating or delivering information or data to the\nCommission, if the act of communication or delivery was performed in good faith\nand without fraudulent intent or the intent to deceive.\n\nC. No civil liability shall be imposed on and no cause of action shall arise\nfrom a person’s furnishing information concerning suspected, anticipated,\nor completed fraudulent viatical settlement acts or suspected or completed\nfraudulent insurance acts, if the information is provided to or received from:\n\n 1. The Commission, the Commissioner of Insurance, or any of the\n Commission’s employees or agents;\n\n 2. Federal, state, or local law enforcement or regulatory officials or their\n employees, agents or representatives;\n\n 3. A person involved in the prevention and detection of fraudulent viatical\n settlement acts or that person’s agents, employees, or representatives;\n\n 4. The NAIC, National Association of Securities Dealers, the North American\n Securities Administrators Association, or their employees, agents or\n representatives, or other regulatory body overseeing life insurance, viatical\n settlements, securities, or investment fraud;\n\n 5. The life insurer that issued the life insurance policy covering the life of\n the insured; or\n\n 6. Any licensee under this chapter, provided the information furnished shall\n not be utilized as grounds to excuse the direct actions of such licensee.\n\nD. Immunity provided by subsection C shall not apply to statements made with\nactual malice. In an action brought against a person for filing a report or\nfurnishing other information concerning a fraudulent viatical settlement act or\na fraudulent insurance act, the party bringing the action shall plead\nspecifically any allegation that subsection C does not apply because the person\nfiling the report or furnishing the information did so with actual malice.\n\nE. This section does not abrogate or modify common law or statutory privileges\nor immunities enjoyed by a person described in subsections A or C.\n\nF. The documents and evidence provided pursuant to this section or obtained by\nthe Commission in an investigation of suspected or actual fraudulent viatical\nsettlement acts shall be privileged and confidential and shall not be a public\nrecord and shall not be subject to discovery or subpoena in a private civil or\ncriminal action.\n\nG. Subsection F does not prohibit release by the Commission of documents and\nevidence obtained in an investigation of suspected or actual fraudulent viatical\nsettlement acts:\n\n 1. In administrative or judicial proceedings to enforce laws administered by\n the Commission;\n\n 2. To federal, state, or local law enforcement or regulatory agencies, to an\n organization established for the purpose of detecting and preventing\n fraudulent viatical settlement acts or to the NAIC; or\n\n 3. At the discretion of the Commission, to a person in the business of\n viatical settlements that is aggrieved by a fraudulent viatical settlement\n act.\n\nH. Release of documents and evidence under subsection G does not abrogate or\nmodify the privilege granted in subsection F.\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}}