§ 33-19-407 — Individual Remedies

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.

Legislative History

En. Sec. 22, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 10, Ch. 341, L. 2001.