24-A §2217. Individual remedies - Maine Statutes

Title 24-A: MAINE INSURANCE CODE

Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT HEADING: PL 1997, C. 677, §3 (NEW)

§2217. Individual remedies

1. Appeal to superintendent. Any insurance consumer aggrieved by a regulated insurance entity's or insurance support organization's response or failure to respond to a request made pursuant to sections 2210, 2211 and 2212 may appeal to the superintendent, who may convene an adjudicatory hearing to determine whether there has been a violation of this chapter and may order the regulated insurance entity or insurance support organization to take such measures as are necessary to comply with this chapter.

[ 1997, c. 677, §3 (NEW); 1997, c. 677, §5 (AFF) .]

2. Superior Court action. An insurance consumer who is injured by a disclosure of information relating to the consumer in violation of section 2215 may bring an action in the Superior Court against the regulated insurance entity or insurance support organization within 2 years after the disclosure is or should have been discovered. The consumer may recover damages, together with costs and disbursements, reasonable attorney's fees and interest on damages at the rate of 1 1/2% per month.

[ 1997, c. 677, §3 (NEW); 1997, c. 677, §5 (AFF) .]

3. No private right of action. Except as specifically provided in this section, this chapter provides no express or implied private right of action.

[ 1997, c. 677, §3 (NEW); 1997, c. 677, §5 (AFF) .]

SECTION HISTORY

1997, c. 677, §3 (NEW). 1997, c. 677, §5 (AFF).