38.2-6005 - Privacy.
§ 38.2-6005. Privacy.
Except as otherwise allowed or required by law, a viatical settlementprovider, viatical settlement broker, insurance company, insurance producer,information bureau, rating agency or company, or any other person with actualknowledge of an insured's identity, shall not disclose that identity as aninsured, or the insured's financial or medical information to any otherperson unless the disclosure:
1. Is necessary to effect a viatical settlement between the viator and aviatical settlement provider and the viator and insured have provided priorwritten consent to the disclosure;
2. Is provided in response to an investigation or examination by theCommission or another governmental agency or officer or pursuant to therequirements of subsection C of § 38.2-6011;
3. Is a term of or condition to the transfer of a policy by one viaticalsettlement provider to another viatical settlement provider;
4. Is necessary to permit a financing entity, related provider trust, orspecial purpose entity to finance the purchase of policies by a viaticalsettlement provider and the viator and insured have provided prior writtenconsent to the disclosure;
5. Is necessary to allow the viatical settlement provider or viaticalsettlement broker or their authorized representatives to make contacts forthe purpose of determining health status; or
6. Is required to purchase stop loss coverage.
(2003, c. 717.)