38.2-1916.2 - Penalties; injunctive relief; restitution. - Virginia Statutes

§ 38.2-1916.2. Penalties; injunctive relief; restitution.

A. Notwithstanding the provisions of § 38.2-218, any insurer, rate serviceorganization or other person who knowingly or willfully violates anyprovision of § 38.2-1916 shall be punished for each such violation by apenalty of not more than $100,000 and may be subject to suspension orrevocation of any license issued by the Commission.

B. Any person threatened with injury or damage to his business or property byreason of a violation of § 38.2-1916 may petition the Commission forinjunctive relief pursuant to § 38.2-220.

C. The Commission may require an insurer, rate service organization, or otherperson to make restitution in the amount of the direct actual financial loss,including any costs associated with bringing such a matter before theCommission and reasonable attorney's fees, to (i) the Commonwealth, apolitical subdivision thereof, or any public agency injured in its businessor property or (ii) any person injured in his business or property by reasonof a violation of § 38.2-1916. If the Commission finds that the violation iswillful or flagrant, it may increase the restitution payment to an amount notin excess of three times the actual damages sustained.

(1990, c. 596.)