North Carolina § 58-39-105 - Individual remedies.

§ 58-39-105. Individual remedies.

If any insurance institution, agent, or insurance-support organization fails to comply with G.S. 58-39-45, 58-39-50, or 58-39-55 with respect to the rights granted under those sections, any person whose rights are violated may apply to the superior court in the county in which such person resides for appropriate equitable relief. An insurance institution, agent, or insurance-support organization that discloses information in violation of G.S. 58-39-75 shall be liable for damages sustained by the individual to whom the information relates. No individual, however, shall be entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of G.S. 58-39-75. In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party. An action under this section must be brought within two years from the date the alleged violation is or should have been discovered. Except as specifically provided in this section, there shall be no remedy or recovery available to individuals for any occurrence that constitutes a violation of any provision of this Article. History (1981, c. 846, s. 1; 2003-262, s. 2(2).) Editor's Note. - Sessions Laws 2003-262, s. 2(2), effective June 26, 2003, redesignated G.S. 58-39-80 through 58-39-125 as Part 2 of Article 39 of Chapter 58 , under the heading "Enforcement, Sanctions, Remedies, and Rights."