(a) Self-policing.--A bail bondsman or insurer who determines that a competitor has engaged in an activity that is in violation of any provision of this chapter may commence a cause of action seeking monetary damages, declaratory judgment or injunctive relief from the court of common pleas of the county in which the violation occurred. The violation must be proven by clear and convincing evidence.
(b) Frivolous actions.--A bail bondsman or insurer who wrongfully commences a baseless action, knowingly without any merit or evidence, shall be subject to actual damages in the amount of the costs of the defense of the suit and punitive damages of an amount equal to those costs that constitute actual damages.
(July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment. Act 16 added section 5748.1. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 57 - Bonds and Recognizances
Section 5702 - Bail to be governed by general rules
Section 5742 - Licensure required
Section 5743 - Issuance of license (Repealed)
Section 5743.1 - Authorization to conduct business within each county
Section 5745 - Suspension or nonrenewal of license for unpaid bail forfeitures
Section 5746 - Suspension or revocation of authority to conduct business in a county
Section 5747 - Statements by fidelity or surety companies (Repealed)
Section 5747.1 - Forfeited undertaking
Section 5748 - Maximum premiums (Repealed)
Section 5748.1 - Private cause of action
Section 5749 - Prohibitions and penalties