(1) (a) An individual whose legal rights arising under this part have been violated after June 30, 2003, may recover damages and be granted equitable relief in a civil action. (b) Subsection (1)(a) does not create a legal right prior to the Legislature enacting the right under this part. (2) Any insurance company or employer who violates the legal rights of an individual arising from this part shall be liable to the individual for each separate violation in an amount equal to: (a) actual damages sustained as a result of the violation; (b) (i) $100,000 if the violation is the result of an intentional and willful act; or (ii) punitive damages if the violation is the result of a malicious act; and (c) reasonable attorneys' fees. Renumbered and Amended by Chapter 327, 2023 General Session
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