                                 CODE OF VIRGINIA

PENALTIES AND RESTITUTION PAYMENTS (§ 38.2-218)

A. 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.

B. 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.

C. Any violation resulting solely from a malfunction of mechanical or electronic
equipment shall not be subject to a penalty.

D. 1. The Commission may require a person to make restitution in the amount of
the direct actual financial loss:
			a. For charging a rate in excess of that provided by statute or by the rates
filed with the Commission by the insurer;
			b. 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;
			c. 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
			d. For improperly withholding, misappropriating, or converting any money or
property received in the course of doing business.

   2. The Commission shall have no jurisdiction to adjudicate controversies
   growing out of this subsection regarding restitution among insurers, insureds,
   agents, claimants and beneficiaries.

E. The provisions provided under this section may be imposed in addition to or
without imposing any other penalties or actions provided by law.

HISTORY: Code 1950, § 38-24; 1952, c. 317, § 38.1-40; 1986, c. 562; 2010, c.
226.