TITLE 33 INSURANCE

Section 39. Collection, Use, and Disclosure of Information Gathered by Insurance Institutions, 33-39-1 through 33-39-23.

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-39-21. Violations of chapter - Equitable relief; damages recoverable; costs and attorney's fees; statute of limitations; limitation on remedy or recovery.

1. If any insurance institution, agent, or insurance-support organization fails to comply with Code Section 33-39-9, 33-39-10, or 33-39-11 with respect to the rights granted under those Code sections, any person whose rights are violated may apply to any superior court of this state, having jurisdiction over the defendant, for appropriate equitable relief.
2. An insurance institution, agent, or insurance-support organization which discloses information in violation of Code Section 33-39-14 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 Code Section 33-39-14.
3. In any action brought pursuant to this Code section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.
4. An action under this Code section must be brought within two years from the date the alleged violation is or should have been discovered.
5. Except as specifically provided in this Code 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 chapter.

(Code 1981, §33-39-21, enacted by Ga. L. 1982, p. 615, § 1; Ga. L. 1983, p. 3, § 24; Ga. L. 1984, p. 22, § 33.)