O.C.G.A.
O.C.G.A.

O.C.G.A. § 33-39-21 (2019)

Equitable relief; damages recoverable; costs and attorney’s fees; statute of limitations; limitation on remedy or recovery

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) 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.

(b) 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

(c) 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.

(d) An action under this Code 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 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.

History

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.

Annotations

Law reviews. - For article, ‘‘Statutes of Limitation: Counterproductive Complexities,’’ see 37 Mercer L. Rev. 1 (1985).

JUDICIAL DECISIONS No monetary damages for violations. - Monetary damages for a violation of O.C.G.A. § 33-39-11 would not be authorized since § 33-39-21 limits recov-

ery to equitable relief. Garrett v. Life Ins. Co., 221 Ga. App. 315, 471 S.E.2d 262 (1996).

Notes of Decisions
Cited in 1 case, 1996–1996 · leading case: Garrett v. Life Ins. Co. of Georgia, 471 S.E.2d 262 (Ga. Ct. App. 1996).
Sort: Relevance Newest Treatment
Garrett v. Life Ins. Co. of Georgia, 471 S.E.2d 262 (Ga. Ct. App. 1996). · cites it 2× “OCGA § 33-39-21 (a) and (e) limit any recovery in a private cause of action for violations of OCGA § 33-39-11 to equitable, as opposed to monetary, relief.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.