38.2-617 - Individual remedies. - Virginia Statutes

§ 38.2-617. Individual remedies.

A. If any insurance institution, agent, or insurance-support organizationfails to comply with §§ 38.2-608, 38.2-609, or § 38.2-610, any person whoserights granted under those sections are violated may apply to a court ofcompetent jurisdiction for appropriate equitable relief.

B. An insurance institution, agent, or insurance-support organization thatdiscloses information in violation of § 38.2-613 shall be liable for damagessustained by the individual to whom the information relates. No individual,however, shall be entitled to a monetary award that exceeds the actualdamages sustained by the individual as a result of a violation of § 38.2-613.

C. In any action brought pursuant to this section, the court may award thecost of the action and reasonable attorney's fees to the prevailing party.

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

E. Except as specifically provided in this section, there shall be no remedyor recovery available to individuals, in law or in equity, for occurrencesconstituting a violation of any provision of this chapter.

(1981, c. 389, § 38.1-57.24; 1986, c. 562.)