§ 5748.1. Private cause of action.
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/pa/title-42/chapter-57/5748-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 5748.1. Private cause of action.
(a)Self-policing.-- A bail bondsman or insurer who determines that a competitor has engaged in an activity that is in violation of any provision of this chapter may commence a cause of action seeking monetary damages, declaratory judgment or injunctive relief from the court of common pleas of the county in which the violation occurred. The violation must be proven by clear and convincing evidence.
(b)Frivolous actions.-- A bail bondsman or insurer who wrongfully commences a baseless action, knowingly without any merit or evidence, shall be subject to actual damages in the amount of the costs of the defense of the suit and punitive damages of an amount equal to those costs that constitute actual damages.
42c5748.1v
(July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment. Act 16 added section 5748.1. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
42c5749s