Maine Revised Statutes Title 24-A Sec. 2217 – Individual remedies
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1. Appeal to superintendent. Any insurance consumer aggrieved by a regulated insurance entity‘s or insurance support organization‘s response or failure to respond to a request made pursuant to sections 2210, 2211 and 2212 may appeal to the superintendent, who may convene an adjudicatory hearing to determine whether there has been a violation of this chapter and may order the regulated insurance entity or insurance support organization to take such measures as are necessary to comply with this chapter.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
Terms Used In Maine Revised Statutes Title 24-A Sec. 2217
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- consumer: means any individual who resides or obtains insurance in this State and:
A. See Maine Revised Statutes Title 24-A Sec. 2204Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Insurance support organization: means any person, other than a regulated insurance entity, health care provider or governmental agency, who regularly engages, in whole or in part, in the practice of assembling or collecting information for the primary purpose of providing the information to carriers, producers or agencies for insurance transactions, including:
A. See Maine Revised Statutes Title 24-A Sec. 2204Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Regulated insurance entity: means any person or entity required to be licensed by the superintendent under this Title or Title 24, including without limitation a carrier, producer, producer agency or administrator. See Maine Revised Statutes Title 24-A Sec. 2204
2. Superior Court action. An insurance consumer who is injured by a disclosure of information relating to the consumer in violation of section 2215 may bring an action in the Superior Court against the regulated insurance entity or insurance support organization within 2 years after the disclosure is or should have been discovered. The consumer may recover damages, together with costs and disbursements, reasonable attorney’s fees and interest on damages at the rate of 1 1/2% per month.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
3. No private right of action. Except as specifically provided in this section, this chapter provides no express or implied private right of action.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).