Massachusetts General Laws ch. 175I sec. 20 – Equitable relief; damages; costs and attorney’s fees; limitation of actions
Section 20. (a) If any insurance institution, insurance representative or insurance-support organization fails to comply with sections eight, nine or ten with respect to the rights granted under said sections, any person whose rights are violated may apply to the superior court, or any other court of competent jurisdiction, for appropriate equitable relief.
Terms Used In Massachusetts General Laws ch. 175I sec. 20
- 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
- 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.
(b) An insurance institution, insurance representative or insurance-support organization which discloses information in violation of section thirteen shall be liable for special and compensatory damages sustained by the individual to whom the information relates.
(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 an individual, in law or in equity, for an occurrence constituting a violation of any provisions of this chapter.