(a) If an insurance institution, agent or insurance-support organization fails to comply with section 38a-983, 38a-984 or 38a-985 with respect to the rights granted under those sections, any person whose rights are violated may bring an action for equitable relief.
(b) An insurance institution, agent or insurance-support organization that discloses information in violation of section 38a-988 shall be liable for damages sustained by the individual concerning whom the information relates, except that no individual shall be entitled to a monetary award that exceeds the actual damages sustained by such individual as a result of a violation of section 38a-988.
(c) In any action brought pursuant to this section, the court may award costs and reasonable attorney's fees to the prevailing party.
(d) No action under this section shall be brought but within two years from the date the alleged violation is or should have been discovered.
(e) Except as specifically provided in this section, there shall be no remedy available to individuals, in law or in equity, for occurrences constituting a violation of any provision of sections 38a-975 to 38a-998, inclusive.
(P.A. 81-368, S. 21, 25; P.A. 17-15, S. 94.)
History: Sec. 38-520 transferred to Sec. 38a-995 in 1991; P.A. 17-15 made technical changes in Subsec. (b).
Structure Connecticut General Statutes
Chapter 705 - Connecticut Insurance Information and Privacy Protection Act
Section 38a-976. (Formerly Sec. 38-501). - Definitions.
Section 38a-977. (Formerly Sec. 38-502). - Applicability. Exceptions.
Section 38a-978. (Formerly Sec. 38-503). - Use of pretext interviews.
Section 38a-979. (Formerly Sec. 38-504). - Notice of insurance information practices.
Section 38a-982. (Formerly Sec. 38-507). - Investigative consumer reports.
Section 38a-983. (Formerly Sec. 38-508). - Access to recorded personal information.
Section 38a-988. (Formerly Sec. 38-513). - Disclosure limitations and conditions.
Section 38a-989. (Formerly Sec. 38-514). - Powers of commissioner.
Section 38a-990. (Formerly Sec. 38-515). - Hearings; subpoenas; service of process.
Section 38a-992. (Formerly Sec. 38-517). - Commissioner to prepare findings.
Section 38a-993. (Formerly Sec. 38-518). - Penalties.
Section 38a-994. (Formerly Sec. 38-519). - Appeals from orders.
Section 38a-995. (Formerly Sec. 38-520). - Individual remedies.
Section 38a-996. (Formerly Sec. 38-521). - Immunity.
Section 38a-997. (Formerly Sec. 38-522). - Obtaining information under false pretenses. Fine.
Section 38a-998. (Formerly Sec. 38-523). - Severability.
Section 38a-999. - Written policies, standards and procedures re medical record information.