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Texas Insurance Code - INS § 545.702. Civil Action; Penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A person who is injured by a violation of Section 545.057 may bring a civil action for damages.

(b) A person may bring an action to restrain a violation or threatened violation of Section 545.057.

(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 Section 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.

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Cite this article: FindLaw.com - Texas Insurance Code - INS § 545.702. Civil Action; Penalty - last updated January 01, 2024 | https://codes.findlaw.com/tx/insurance-code/ins-sect-545-702/

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