20-2118

20-2118. Individual remedies

A. If any insurance institution, insurance producer or insurance support organization fails to comply with the rights granted under sections 20-2108 through 20-2110, any person whose rights are violated may apply to the superior court of this state, or any other court of competent jurisdiction, for appropriate equitable relief.

B. An insurance institution, insurance producer or insurance support organization which discloses information in violation of section 20-2113 is liable for damages sustained by the individual about whom the information relates, except that no individual is entitled to a monetary award which exceeds the actual damages sustained by the individual as a result of a violation of section 20-2113.

C. In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney fees to the prevailing party.

D. An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.

E. Except as specifically provided in this section, there is no remedy or recovery available to individuals, in law or in equity, for a violation of this chapter.