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

§ 58‑39‑105. Individual remedies.

(a)        If any insuranceinstitution, agent, or insurance‑support organization fails to complywith G.S. 58‑39‑45, 58‑39‑50, or 58‑39‑55with respect to the rights granted under those sections, any person whoserights are violated may apply to the superior court in the county in which suchperson resides for appropriate equitable relief.

(b)        An insuranceinstitution, agent, or insurance‑support organization that disclosesinformation in violation of G.S. 58‑39‑75 shall be liable fordamages sustained by the individual to whom the information relates. Noindividual, however, shall be entitled to a monetary award that exceeds theactual damages sustained by the individual as a result of a violation of G.S.58‑39‑75.

(c)        In any actionbrought pursuant to this section, the court may award the cost of the actionand reasonable attorney's fees to the prevailing party.

(d)        An action underthis section must be brought within two years from the date the allegedviolation is or should have been discovered.

(e)        Except asspecifically provided in this section, there shall be no remedy or recoveryavailable to individuals for any occurrence that constitutes a violation of anyprovision of this Article. (1981, c. 846, s. 1; 2003‑262, s. 2(2).)