Texas Insurance Code 545.702 – Civil Action; Penalty
Current as of: 2024 | Check for updates
|
Other versions
(a) A person who is injured by a violation of § 545.057 may bring a civil action for damages.
(b) A person may bring an action to restrain a violation or threatened violation of § 545.057.
Terms Used In Texas Insurance Code 545.702
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) If it is found in a civil action that a person or entity has released or disclosed a test result or allowed a test result to become known in violation of § 545.057, the person or entity is liable for:
(1) actual damages;
(2) a civil penalty of:
(A) not more than $1,000 if the release or disclosure was negligent; or
(B) not less than $1,000 or more than $5,000 if the release or disclosure was wilful; and
(3) court costs and reasonable attorney’s fees incurred by the person bringing the action.
(d) A defendant in a civil action brought under this section is not entitled to claim a privilege as a defense to the action.