§ 1021 — Individual Remedies

(A) If any insurance institution, agent or insurance-support organization fails to comply with Sections 1009, 1010 or 1011 of this Article with respect to the rights granted under those Sections, any person whose rights are violated may apply to the circuit court of this State, or any other court of competent jurisdiction, for appropriate equitable relief. (B) An insurance institution, agent or insurance-support organization which discloses information in violation of Section 1014 of this Article shall be liable for damages sustained by the individual about whom the information relates; provided, however, that no individual shall be entitled to a monetary award which exceeds the actual damages sustained by the individual as a result of a violation of Section 1014 of this Article. (C) In any action brought pursuant to this Section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party. (D) An action under this Section must be brought within 2 years from the date the alleged violation is or should have been discovered. (E) Except as specifically provided in this Section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this Article.

Legislative History

(Source: P.A. 82-108.)