                                 CODE OF VIRGINIA

IMMUNITY FROM LIABILITY (§ 38.2-6015)

A. No cause of action shall arise nor shall any liability be imposed against the
Commission, the Commissioner of Insurance, or any of the Commission&#8217;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 (&#xA7;
38.2-1865.1 et seq.) of Chapter 18 of this title.

B. 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.

C. No civil liability shall be imposed on and no cause of action shall arise
from a person&#8217;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. The Commission, the Commissioner of Insurance, or any of the
   Commission&#8217;s employees or agents;

   2. Federal, state, or local law enforcement or regulatory officials or their
   employees, agents or representatives;

   3. A person involved in the prevention and detection of fraudulent viatical
   settlement acts or that person&#8217;s agents, employees, or representatives;

   4. 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;

   5. The life insurer that issued the life insurance policy covering the life of
   the insured; or

   6. Any licensee under this chapter, provided the information furnished shall
   not be utilized as grounds to excuse the direct actions of such licensee.

D. 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.

E. This section does not abrogate or modify common law or statutory privileges
or immunities enjoyed by a person described in subsections A or C.

F. 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.

G. 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:

   1. In administrative or judicial proceedings to enforce laws administered by
   the Commission;

   2. 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

   3. At the discretion of the Commission, to a person in the business of
   viatical settlements that is aggrieved by a fraudulent viatical settlement
   act.

H. Release of documents and evidence under subsection G does not abrogate or
modify the privilege granted in subsection F.

HISTORY: 2003, c. 717.