38.2-6015 - Immunity from liability.
§ 38.2-6015. Immunity from liability.
A. No cause of action shall arise nor shall any liability be imposed againstthe Commission, the Commissioner of Insurance, or any of the Commission'semployees or agents, for any statements made or conduct performed in goodfaith while carrying out the provisions of this chapter or Article 6.1 (§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 againstany person for the act of communicating or delivering information or data tothe Commission, if the act of communication or delivery was performed in goodfaith and without fraudulent intent or the intent to deceive.
C. No civil liability shall be imposed on and no cause of action shall arisefrom a person's furnishing information concerning suspected, anticipated, orcompleted fraudulent viatical settlement acts or suspected or completedfraudulent insurance acts, if the information is provided to or received from:
1. The Commission, the Commissioner of Insurance, or any of the Commission'semployees or agents;
2. Federal, state, or local law enforcement or regulatory officials or theiremployees, agents or representatives;
3. A person involved in the prevention and detection of fraudulent viaticalsettlement acts or that person's agents, employees, or representatives;
4. The NAIC, National Association of Securities Dealers, the North AmericanSecurities Administrators Association, or their employees, agents orrepresentatives, or other regulatory body overseeing life insurance, viaticalsettlements, securities, or investment fraud;
5. The life insurer that issued the life insurance policy covering the lifeof the insured; or
6. Any licensee under this chapter, provided the information furnished shallnot be utilized as grounds to excuse the direct actions of such licensee.
D. Immunity provided by subsection C shall not apply to statements made withactual malice. In an action brought against a person for filing a report orfurnishing other information concerning a fraudulent viatical settlement actor a fraudulent insurance act, the party bringing the action shall pleadspecifically any allegation that subsection C does not apply because theperson filing the report or furnishing the information did so with actualmalice.
E. This section does not abrogate or modify common law or statutoryprivileges or immunities enjoyed by a person described in subsections A or C.
F. The documents and evidence provided pursuant to this section or obtainedby the Commission in an investigation of suspected or actual fraudulentviatical settlement acts shall be privileged and confidential and shall notbe a public record and shall not be subject to discovery or subpoena in aprivate civil or criminal action.
G. Subsection F does not prohibit release by the Commission of documents andevidence obtained in an investigation of suspected or actual fraudulentviatical settlement acts:
1. In administrative or judicial proceedings to enforce laws administered bythe Commission;
2. To federal, state, or local law enforcement or regulatory agencies, to anorganization established for the purpose of detecting and preventingfraudulent viatical settlement acts or to the NAIC; or
3. At the discretion of the Commission, to a person in the business ofviatical settlements that is aggrieved by a fraudulent viatical settlementact.
H. Release of documents and evidence under subsection G does not abrogate ormodify the privilege granted in subsection F.
(2003, c. 717.)