(A) If any insurance institution, agent or insurance-support organization fails to comply with Sections 1009, 1010 or 1011 of this Article with respect to the rights granted under those Sections, any person whose rights are violated may apply to the circuit court of this State, or any other court of competent jurisdiction, for appropriate equitable relief.
     (B) An insurance institution, agent or insurance-support organization which discloses information in violation of Section 1014 of this Article shall be liable for damages sustained by the individual about whom the information relates; provided, however, that no individual shall be entitled to a monetary award which exceeds the actual damages sustained by the individual as a result of a violation of Section 1014 of this Article.

Terms Used In Illinois Compiled Statutes 215 ILCS 5/1021

  • Agent: means an individual, firm, partnership, association or corporation who is involved in the solicitation, negotiation or binding of coverages for or on applications or policies of insurance, covering property or risks located in this State. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Individual: means any natural person who:
            (1) in the case of property or casualty insurance, is
    
a past, present or proposed named insured or certificateholder;
        (2) in the case of life, health or disability
    
insurance, is a past, present or proposed principal insured or certificateholder;
        (3) is a past, present or proposed policyowner;
        (4) is a past or present applicant;
        (5) is a past or present claimant; or
        (6) derived, derives or is proposed to derive
    
insurance coverage under an insurance policy or certificate subject to this Article. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Insurance institution: means any corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society or other person engaged in the business of insurance, health maintenance organizations as defined in § 2 of the Health Maintenance Organization Act, voluntary health services plans as defined in § 2 of the Voluntary Health Services Plans Act, and dental service plans as defined in § 4 of the Dental Service Plan Act. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Insurance-support organization: means :
            (1) any person who regularly engages, in whole or in
    •     
    part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or agent for insurance transactions, including:
                (a) the furnishing of consumer reports or
            
    investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction, or
                (b) the collection of personal information from
            
    insurance institutions, agents or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity. See Illinois Compiled Statutes 215 ILCS 5/1003
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means any natural person, corporation, association, partnership or other legal entity. See Illinois Compiled Statutes 215 ILCS 5/1003
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

    •      (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 2 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 provision of this Article.
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