                                 CODE OF VIRGINIA

INDIVIDUAL REMEDIES (§ 38.2-617)

A. If any insurance institution, agent, or insurance-support organization fails
to comply with &#xA7;&#xA7; 38.2-608, 38.2-609, or &#xA7; 38.2-610, any person
whose rights granted under those sections are violated may apply to a court of
competent jurisdiction for appropriate equitable relief.

B. An insurance institution, agent, or insurance-support organization that
discloses information in violation of &#xA7; 38.2-613 shall be liable for
damages sustained by the individual to whom the information relates. No
individual, however, shall be entitled to a monetary award that exceeds the
actual damages sustained by the individual as a result of a violation of &#xA7;
38.2-613.

C. In any action brought pursuant to this section, the court may award the cost
of the action and reasonable attorney&#8217;s fees to the prevailing party.

D. An action under this section must be brought within two years from the date
the alleged violation is or should have been discovered.

E. Except as specifically provided in this section, there shall be no remedy or
recovery available to individuals, in law or in equity, for occurrences
constituting a violation of any provision of this article.

HISTORY: 1981, c. 389, § 38.1-57.24; 1986, c. 562; 2020, c. 264.