Code of Virginia - Title 38.2 Insurance - Section 38.2-4911 Civil liability

§ 38.2-4911. Civil liability

A. A person contracting with a provider for continuing care may terminate the continuing care contract and such provider shall be liable to the person contracting for continuing care for repayment of all fees paid to the provider, facility or person violating this chapter, together with interest thereon at the legal rate for judgments, court costs and reasonable attorney's fees, less the reasonable value of care and lodging provided to the resident prior to the termination of the contract, and for damages if after the effective date of this chapter such provider or a person acting on his behalf, with or without actual knowledge of the violation, enters into a contract with such person:

1. For continuing care at a facility which has not registered under this chapter; or

2. Without having first provided to such person a disclosure statement not (i) containing any untrue statement of a material fact or (ii) omitting a material fact required to be stated therein or necessary in order to make the statements made therein not misleading, in light of the circumstances under which they are made.

B. A person who willfully or recklessly aids or abets a provider in the commission of any act prohibited by this section shall be liable as set out in subsection A of this section.

C. The Commission shall have no jurisdiction to adjudicate controversies concerning continuing care contracts. A breach of contract shall not be deemed a violation of this chapter. Termination of a contract pursuant to subsection A of this section shall not preclude the resident's seeking any other remedies available under any law.

(1985, c. 554, § 38.1-966; 1986, c. 562.)

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Last modified: April 3, 2009