Ohio Revised Code
Chapter 3904 | Insurance Information Practices
Section 3904.21 | Action by Person Whose Rights Are Violated.

Effective: June 29, 1995
Latest Legislation: House Bill 329 - 120th General Assembly
(A) If any insurance institution, agent, or insurance support organization fails to comply with section 3904.08, 3904.09, or 3904.10 of the Revised Code with respect to the rights granted under such section, any person whose rights are violated may apply to the appropriate common pleas court, or any other court of competent jurisdiction, for appropriate equitable relief.
(B) An insurance institution, agent, or insurance support organization that discloses information in violation of section 3904.13 of the Revised Code is liable for damages sustained by the individual about whom the information relates. However, no individual shall be entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of section 3904.13 of the Revised Code.
(C) 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.
(D) An action under this 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 section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provisions of sections 3904.01 to 3904.22 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3904 | Insurance Information Practices

Section 3904.01 | Insurance Information Practices Definitions.

Section 3904.02 | Applicability of Chapter.

Section 3904.03 | Pretext Interviews.

Section 3904.04 | Institution or Agent to Provide Notice of Information Practices to Applicants and Policyholders.

Section 3904.05 | Marketing or Research Questions.

Section 3904.06 | Disclosure Authorization Form.

Section 3904.07 | Investigative Consumer Report.

Section 3904.08 | Written Request for Access to Recorded Personal Information.

Section 3904.09 | Correction, Amendment or Deletion of Information.

Section 3904.10 | Written Reason for Adverse Underwriting Decision Summary of Rights.

Section 3904.11 | Inquiry Concerning Previous Adverse Underwriting Decision.

Section 3904.12 | Prohibited Bases for Adverse Underwriting Decision.

Section 3904.13 | Disclosure of Personal or Privileged Information.

Section 3904.14 | Obtaining Information Under False Pretenses.

Section 3904.15 | Superintendent May Examine and Investigate Conduct.

Section 3904.16 | Superintendent to Issue and Serve Statement of Charges and Notice of Hearing.

Section 3904.17 | Organization Transacting Business Outside State - Superintendent of Insurance to Accept Service of Process.

Section 3904.18 | Cease and Desist Order or Report Finding No Violation - Petition for Review.

Section 3904.19 | Penalties for Knowing Violation or Violation of Cease and Desist Order.

Section 3904.20 | Review of Order or Report of Superintendent by Court of Common Pleas.

Section 3904.21 | Action by Person Whose Rights Are Violated.

Section 3904.22 | Authorized Disclosures of Personal or Privileged Information - Immunity.