A. If any insurance institution, insurance producer or insurance support organization fails to comply with the rights granted under sections 20-2108 through 20-2110, any person whose rights are violated may apply to the superior court of this state, or any other court of competent jurisdiction, for appropriate equitable relief.

Terms Used In Arizona Laws 20-2118

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • 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:

    (a) In the case of property or casualty insurance, is a past, present or proposed named insured or certificate holder. See Arizona Laws 20-2102

  • Insurance institution: means any corporation, association, partnership, reciprocal insurer, inter-insurer, Lloyd's association, fraternal benefit society or other person engaged in the business of insurance, including health care service organizations and hospital, medical, dental and optometric service corporations as defined in this title. See Arizona Laws 20-2102
  • Insurance producer: means an insurance producer as defined in section 20-281. See Arizona Laws 20-2102
  • Insurance support organization: means :

    (a) 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 insurance producer for insurance transactions, including the furnishing of consumer reports or investigative consumer reports to an insurance institution or insurance producer for use in connection with an insurance transaction or the collection of personal information from insurance institutions, insurance producers 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 Arizona Laws 20-2102

  • 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: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215

B. An insurance institution, insurance producer or insurance support organization which discloses information in violation of section 20-2113 is liable for damages sustained by the individual about whom the information relates, except that no individual is entitled to a monetary award which exceeds the actual damages sustained by the individual as a result of a violation of section 20-2113.

C. In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney 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 is no remedy or recovery available to individuals, in law or in equity, for a violation of this chapter.

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