State RegulationsVA specificDifficulty 2/5
An applicant learns that her insurer's file contains an inaccurate medical history entry collected in connection with her application. Under Virginia's insurance privacy article, what is she entitled to do about the inaccurate information?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
The Virginia insurance information and privacy protection article (Va. Code § 38.2-609) gives the individual the right to know what personal information the licensee has recorded and to seek correction of information shown to be inaccurate or incomplete. Underwriting files are not beyond the individual's reach simply because the insurer gathered them. The Virginia Bureau of Insurance handles compliance with these access and amendment rights.
Why the other options are wrong
- A) The privacy article expressly opens underwriting information to the individual's access and correction rights; the insurer's collection does not extinguish them.
- B) The article provides access and correction remedies, not damages equal to a policy's face amount.
- C) The remedy is correction or amendment of inaccurate information, not wholesale destruction of the insurer's business records on demand.
Memory hook
See your file, fix your file — the privacy article opens both doors.