                                 CODE OF VIRGINIA

PENALTIES; INJUNCTIVE RELIEF; RESTITUTION (§ 38.2-1916.2)

A. Notwithstanding the provisions of &#xA7; 38.2-218, any insurer, rate service
organization or other person who knowingly or willfully violates any provision
of &#xA7; 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 &#xA7; 38.2-1916 may petition the Commission for
injunctive relief pursuant to &#xA7; 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&#8217;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
&#xA7; 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.

HISTORY: 1990, c. 596.