Title 33, Chapter 54, Section 8
( 33-54-8)
(a) Any violation of this chapter by an insurer shall be unfair
trade practice subject to the provisions of Article 1 of Chapter 6
of this title, and a violation of this chapter by any other person
shall be an unfair practice and shall be subject to the provisions
of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business
Practices Act of 1975." In addition, any individual who is harmed
as a result of a violation of this chapter shall have a cause of
action against the person whose violation caused the harm. (b) Any insurer that is found in violation of the provisions of this
chapter by a court of competent jurisdiction is liable to the
individual injured by the violation in an amount equal to any actual
damages suffered by the individual. In the alternative, the court
may issue an order directing the insurer to provide accident and
sickness insurance to the injured individual under the same terms
and conditions as would have applied had the violation not occurred. (c) The court shall award costs and reasonable attorney's fees to
any individual who is successful in enforcing the provision of this
chapter. |