Montana § 33-19-407 Individual Remedies

Montana Statutes

§ 33-19-407 — Individual Remedies

Montana § 33-19-407

Title 33INSURANCE AND INSURANCE COMPANIES

Ch. 19INSURANCE INFORMATION AND PRIVACY PROTECTION

Part 4Enforcement

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Bluebook

Mont. Code Ann. § 33-19-407 (2026).

Text

33-19-407 . Individual remedies.

(1)If any insurance institution, insurance producer, or insurance-support organization fails to comply with 33-19-301 , 33-19-302 , or 33-19-303 with respect to the rights granted under those sections, any person whose rights are violated may apply to the district court of this state or any other court of competent jurisdiction for appropriate equitable relief.

(2)An insurance institution, insurance producer, or insurance-support organization that discloses information in violation of 33-19-306 or 33-19-307 is liable for damages sustained by the individual to whom the information relates. However, an individual is not entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of 33-19-306 or 33-19-3

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33-19-407 . Individual remedies. (1) If any insurance institution, insurance producer, or insurance-support organization fails to comply with 33-19-301 , 33-19-302 , or 33-19-303 with respect to the rights granted under those sections, any person whose rights are violated may apply to the district court of this state or any other court of competent jurisdiction for appropriate equitable relief.
(2) An insurance institution, insurance producer, or insurance-support organization that discloses information in violation of 33-19-306 or 33-19-307 is liable for damages sustained by the individual to whom the information relates. However, an individual is not entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of 33-19-306 or 33-19-307 .
(3) In an action brought pursuant to this section, the court may award the cost of the action and reasonable attorney fees to the prevailing party.
(4) An action under this section must be brought within 2 years from the date the alleged violation is or should have been discovered.
(5) Except as specifically provided in this section, there is no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this chapter.