A L A S K A
Title 21. Insurance.
Chapter 36. Trade Practices and Frauds.
Sec. 21.36.365 Immunity for reports on fraud.
(a) A person is not liable for civil damages for
filing a report with or furnishing other information whether written or
oral, concerning suspected, anticipated, or completed fraudulent acts to
(1) law enforcement officials, their agents and employees;
(2) the National Association of Insurance Commissioners, the
division of insurance, an agency in a state that regulates insurance, or an
organization established to detect and prevent fraudulent insurance acts,
their agents, employees, or designees.
(b) This section does not preclude liability for civil damages as a result
of reckless, willful, or intentional misconduct.
A R I Z O N A
Title 20. Insurance
Chapter 2. Transaction Of Insurance Business
Article 6. Unfair Practices And Frauds
ß 20-466. Fraud unit; powers; duty of insurer
H. A person, or an officer, employee or agent of the
person acting within the scope of employment or
agency of that officer, employee or agent, who in good faith files a report
or provides other information to
the fraud unit pursuant to this section is not subject to civil or criminal
liability for reporting that information
to the fraud unit.
A R K A N S A S
Title 23. Public Utilities And Regulated Industries
Chapter 66. Trade Practices
Subchapter 5. Fraudulent Insurance Acts Prevention
23-66-506 Immunity from liability.
(a) There shall be no civil liability for libel, slander or any other cause
of action imposed on, and no cause
of action shall arise from a person's furnishing information concerning
suspected, anticipated or
completed fraudulent insurance acts, if the information is provided to or
received from:
(1) The Insurance Commissioner or the commissioner's employees, agents or
representatives;
(2) Federal, state, or local law enforcement or regulatory officials or
their employees, agents, or
representatives;
(3) A person employed by or authorized by an insurer whose activities
include the investigation or
reporting of suspected fraudulent insurance acts when furnishing,
disclosing, or requesting
information on such suspected fraudulent insurance acts to or from a person
employed by or
authorized by other insurers or insurer organizations acting in the same
capacity; or
(4) The National Association of Insurance Commissioners or its employees,
agents, or
representatives.
(b) Subsection (a) of this section shall not apply to statements made with
actual malice. In an action brought against a person for filing a report or
furnishing other information concerning a fraudulent insurance act, the
party bringing the action shall plead specifically any allegation that
subsection (a) of this section does not apply because the person filing the
report or furnishing the information did so with actual malice.
(c) This section does not abrogate or modify common law or statutory
privileges or immunities enjoyed by a person described in subsection (a) of
this section.
C A L I F O R N I A
Insurance Code
Division 1. General Rules Governing Insurance
Part 2. The Business Of Insurance
Chapter 12. The Insurance Frauds Prevention Act
Article 8. Insurance Fraud Prevention
ß 1879.5. Notice to department of violations; review
and follow-up investigations; civil liability; records and
information
(a) Any person who believes that a violation of this
article has been or is being made may notify the department immediately
after discovery of the alleged violation and may send to the department, on
a form and in a manner prescribed by the commissioner, the information
requested and any additional information relative to the alleged violation
as the department may request. The division shall review the reports and
select those alleged violations as may require further investigation. It
shall then cause an independent examination or evaluation of the facts
surrounding the alleged violation to be made to determine the extent, if
any, to which fraud, deceit, or intentional misrepresentation of any kind
exists.
(b) No person shall be subject to civil liability for libel, violation of
privacy, or otherwise by virtue of the filing of reports or furnishing of
other information, in good faith and without malice, provided pursuant to
this section or requested by the department as a result of the authority
conferred upon it by law.
(c) The commissioner may, by regulation, require admitted insurers to keep
any records and other information as he or she deems necessary for the
effective enforcement of this article.
C O L O R A D O
Title 10. Insurance
Property And Casualty Insurance
Article 4. Property And Casualty Insurance
Part 10. Fraudulent Claims And Arson Information Reporting Act
ß 10-4-1005. Immunity
(1) In the case of actions taken udder this part 10,
and except where information is furnished with knowledge that the
information is false or with reckless disregard for its truth or falsity,
there shall be no civil penalty or damages on the part of, and no, claim for
relief shall be brought against, any person, insurer, or authorized agency
for furnishing information or other action pursuant to the provisions of
this part 10.
(2) Every person, insurer, and authorized agency shall be immune from civil
liability when acting in good faith to cooperate with, furnish evidence to
or on behalf of, provide information to, or solicit or receive information
from, any of the following with regard to an actual or suspected fraudulent
insurance act:
(a) an agency of the federal or any state,
county, or municipal government that is involved in the detection,
prosecution, or prevention of arson or insurance fraud;
(b) any employee or agent of an agency
listed in paragraph (a) of this subsection (2); and
(c) another insurer, if acting in
accordance with section 10-4-1003(8)(c) solely for the purpose of detecting,
investigating, preventing, or prosecuting an actual or suspected fraudulent
insurance act. Information so provided shall not be used for underwriting or
rating purposes except in connection with an application or policy under
which a fraudulent insurance act was committed.
(3) Every person, insurer, and authorized agency shall be immune from civil
liability when acting in good faith to comply with a court order to provide
evidence or testimony with regard to an actual or suspected fraudulent
insurance act; except that such immunity shall not apply to a person or
insurer that has committed, or has conspired in or aided and abetted the
commission of, such fraudulent insurance act.
(4) The immunity granted by this section shall be in addition to, and not in
lieu of, any right, privilege, or immunity available under the common law or
any other applicable statute or rule.
C O N N E C T I C U T
Health Insurance Fraud Immunity
Section 53-445(d)
No person shall be subject to liability for libel,
slander or any other civil liability in connection with the filing
of reports or documents, or furnishing orally or in writing information
concerning any suspected,
anticipated or alleged insurance fraud, when the reports, documents or
information are provided or
received in accordance with the provisions of subsection (a) or (c) of this
section or in accordance with an
order issued by a court of competent jurisdiction to provide testimony or
evidence, unless such person
disclosed false information with malice or willful intent to injure any
person.
Disclosure of information by insurance company re
motor vehicle losses or fraudulent activity. Immunity
from liability.
Section 38a-356(c)
In the absence of fraud, malice or criminal act, no
insurance company, authorized employee or person
who furnished information on behalf of such company or department, shall be
liable for damages in a civil
action or subject to criminal prosecution for any oral or written statement
made pursuant to the provisions
of this section.
D E L A W A R E
Title 18, Chapter 24 Section 2409
In the absence of fraud or bad faith, no person shall be subject to civil
liability (for libel, slander or any
other relevant tort cause of action by virtue of filing reports, without
malice, or furnishing other information,
written or oral, without malice, required by this chapter or required by the
Commissioner under the
authority granted in this title), and no civil cause of action of any nature
shall rise against such person:
For any information relating to suspected
fraudulent insurance acts furnished to or received from
law-enforcement officials, their agents and employees; or
For any information relating to suspected fraudulent insurance acts
furnished to or received from
other persons in this title; or
For any such information furnished in reports to the Insurance
Department, the National Association
of Insurance Commissioners or any organization established to detect and
prevent fraudulent
insurance acts, their agents, employees or designees, nor shall the
Commissioner or any
employee of the Insurance Department, (acting without malice) in the absence
of fraud or bad
faith, be subject to civil liability (for libel, slander or any other
relevant tort) and no civil cause of
action of any nature shall arise against such person by virtue of
publication of any report or
bulletin related to the official activities or the Insurance Department.
Nothing herein is intended to
abrogate or modify in any way any common law or statutory privilege or
immunity heretofore
enjoyed by any person.
D I S T R I C T O F C O L U M B I A
Insurance Fraud Prevention and Detection Amendment Act of 1998
Section 125h
(e) No person shall be subject to civil liability for
any cause of action, or subject to criminal prosecution,
for reporting any suspected insurance fraud if:
(1) The report was made to the Department of
Insurance and Securities Regulation, the Metropolitan
Police Department, or any other law enforcement authority, or to any
insurer, insurance agent, or
any other person who collects, reviews, or analyzes information concerning
insurance fraud, by
any individual or entity suspecting insurance fraud; and
(2) The person or entity reporting the suspected
fraud acted without malice when making the report.
F L O R I D A
Title Xxxvii. Insurance
Chapter 626. Insurance Field Representatives And Operations
Part X. Unfair Insurance Trade Practices
626.989. Division of Insurance Fraud; definition;
investigative, subpoena powers; protection from civil
liability; reports to division; division investigator's power to execute
warrants and make arrests
(4) (c) In the absence of fraud or bad faith, a person
is not subject to civil liability for libel, slander, or any
other relevant tort by virtue of filing reports, without malice, or
furnishing other information, without malice,
required by this section or required by the department or division under the
authority granted in this
section, and no civil cause of action of any nature shall arise against such
person:
1. For any information relating to suspected
fraudulent insurance acts furnished to or received from
law enforcement officials, their agents, or employees;
2. For any information relating to suspected
fraudulent insurance acts furnished to or received from
other persons subject to the provisions of this chapter; or
3. For any such information furnished in reports
to the department, division, the National Insurance
Crime Bureau, or the National Association of Insurance Commissioners.
(d) In addition to the immunity granted in paragraph (c), persons identified
as designated employees
whose responsibilities include the investigation and disposition of claims
relating to suspected fraudulent
insurance acts may share information relating to persons suspected of
committing fraudulent insurance
acts with other designated employees employed by the same or other insurers
whose responsibilities
include the investigation and disposition of claims relating to fraudulent
insurance acts, provided the
department has been given written notice of the names and job titles of such
designated employees prior
to such designated employees sharing information. Unless the designated
employees of the insurer act
in bad faith or in reckless disregard for the rights of any insured, neither
the insurer nor its designated
employees are civilly liable for libel, slander, or any other relevant tort,
and a civil action does not arise
against the insurer or its designated employees:
1. For any information related to suspected fraudulent
insurance acts provided to an insurer; or
2. For any information relating to suspected fraudulent
insurance acts provided to the National
Insurance Crime Bureau or the National Association of Insurance
Commissioners.
Provided, however, that the qualified immunity against civil liability
conferred on any insurer or its
designated employees shall be forfeited with respect to the exchange or
publication of any defamatory
information with third persons not expressly authorized by this paragraph to
share in such information.
(e) The Insurance Commissioner and any employee or agent of the department
or division, when acting
without malice and in the absence of fraud or bad faith, is not subject to
civil liability for libel, slander, or
any other relevant tort, and no civil cause of action of any nature exists
against such person by virtue of
the execution of official activities or duties of the department under this
section or by virtue of the
publication of any report or bulletin related to the official activities or
duties of the department or division
under this section.
(f) This section does not abrogate or modify in any way
any common-law or statutory privilege or
immunity heretofore enjoyed by any person.
G E O R G I A
Title 33. Insurance
Chapter 1. General Provisions
33-1-16 Investigation of fraudulent insurance act; collection of evidence;
immunity from liability; public
inspection; enforcement.
(d) (3) In the absence of fraud or bad faith, a person is not subject to
civil liability for libel, slander, or any
other relevant tort by virtue of filing reports, without malice, or
furnishing other information, without malice,
required by this Code section or required by the Commissioner under the
authority granted in this Code
section, and no civil cause of action of any nature shall arise against such
person:
(A) For any information relating to suspected fraudulent insurance acts
furnished to or received from
law enforcement officials, their agents, or employees;
(B) For any such information relating to suspected fraudulent insurance acts
furnished to or
received from other persons subject to the provisions of this title; or
(C) For any such information furnished in reports to the Commissioner or the
National Association of
Insurance Commissioners.
(4) The Commissioner or any employee or agent is not subject to civil
liability for libel, slander, or any
other relevant tort, and no civil cause of action of any nature exists
against such persons by virtue of the
execution of activities or duties of the Commissioner under this Code
section or by virtue of the
publication of any report or bulletin related to the activities or duties of
the Commissioner under this Code
section.
(5) This Code section does not abrogate or modify in any way any common law
or statutory privilege or
immunity heretofore enjoyed by any person.
H A W A I I
Section 431:10C – 307.7(d)
(d) A person, if acting without malice, shall not be subject to civil
liability for providing information,
including filing a report, furnishing oral or written evidence, or giving
testimony concerning suspected,
anticipated, or completed insurance fraud to a court, the commissioner, the
insurance fraud investigations
unit, the National Association of Insurance Commissioners, any federal,
state, or county law enforcement
or regulatory agency, or another insurer if the information is provided only
for the purpose of preventing,
investigating, or prosecuting insurance fraud, except if the person commits
perjury.
I D A H O
Section 41-292(5)
In the absence of fraud or malice, no person shall be subject to civil
liability for libel, slander or any other
relevant tort cause of action by virtue of filing reports or furnishing
other information required by this
statute or required by the director of the department of insurance under the
authority granted in this
statute, and no civil cause of action of any nature shall arise against such
person:
For any information relating to
suspected fraudulent insurance acts furnished to or received from law
enforcement officials, their agents and employees; or
For any information relating to suspected fraudulent
insurance acts furnished to or received from
other persons subject to the provisions of this chapter; or
For any such information furnished in reports to the
department of insurance frauds bureau, national
association of insurance commissioners, national insurance crime bureau or
any organization
established to detect and prevent fraudulent insurance acts, their agents,
employees or
designees, nor shall the director or any employee of the department of
insurance frauds bureau,
acting without malice in the absence of fraud, be subject to civil liability
for libel, slander of any
relevant tort and no civil cause of action of any nature shall arise against
such person by virtue of
the publication of any report or bulletin related to the official activities
of the department of
insurance frauds bureau. Nothing herein is intended to abrogate or modify in
any way any
common law or statutory privilege or immunity heretofore enjoyed by any
person.
For purposes of subsection (5) of this section, there shall exist a
rebuttable presumption that the person
has acted without fraud or malice.
I L L I N O I S
Chapter 215
Section 215 ILCS 5/1022 — Immunity
Sec. 1022. Immunity. No cause of action in the nature
or defamation, invasion of privacy or negligence
shall arise against any person for disclosing personal or privileged
information in accordance with the
Article, nor shall such a cause of action arise against any person for
furnishing personal or privileged
information to an insurance institution, agent or insurance-support
organization; provided, however, this
Section shall provide no immunity for disclosing or furnishing false
information with malice or willful intent
to injure any person.
I N D I A N A
Title 27. Insurance
Article 1. Department Of Insurance
Chapter 3. General Powers And Duties Of The Department
27-1-3-22 Fraudulent insurance act; definition;
liability - Sec. 22.
(c) A person who acts without malice, fraudulent
intent, or bad faith is not subject to civil liability for filing a
report or furnishing, orally or in writing, other information concerning a
suspected, anticipated, or
completed fraudulent insurance act if the report or other information is
provided to or received from any of
the following:
(1) The department or an agent, an employee, or a
designee of the department.
(2) Law enforcement officials or an agent or employee
of a law enforcement official.
(3) The National Association of Insurance
Commissioners.
(4) Any agency or bureau of federal or state
government established to detect and prevent
fraudulent insurance acts.
(5) Any other organization established to detect and
prevent fraudulent insurance acts.
(6) An agent, an employee, or a designee of an entity
referred to in subdivisions (3) through (5).
(d) This section does not abrogate or modify in any way any common law or
statutory privilege or
immunity.
I O W A
Title Xiii. Commerce
Subtitle 1. Insurance And Related Regulation
Chapter 507e. Insurance Fraud
507E.7. Immunity from liability
1. A person acting without malice, fraudulent intent,
or bad faith is not liable civilly as a result of filing a
report or furnishing, orally or in writing, other information concerning
alleged acts in violation of this
chapter, if the report or information is provided to or received from any of
the following:
a. Law enforcement officials, their agents and employees.
b. The national association of insurance commissioners, the
insurance division, a federal or state
governmental agency or bureau established to detect and prevent fraudulent
insurance acts, or
any other organization established for such purpose, and their agents,
employees, or designees.
c. An authorized representative of an insurer.
2. This section does not affect in any way any common law or statutory
privilege or immunity applicable to
such person or entity.
3. A person or entity against whom an action is brought for libel, slander,
or any other relevant tort, where
the action involves acts subject to immunity under this section and is not
substantially justified, is entitled
to an award of court costs and reasonable attorney fees. For purposes of
this section, an action is
"substantially justified" if it had a reasonable basis in law or fact at the
time that it was initiated.
K A N S A S
Section 40-2, 119
Same; immunity from civil liability for certain
persons. In the absence of fraud, bad faith or malice, no
person shall be subject to civil liability for libel, slander or any other
relevant tort cause of action.
For filing reports or furnishing
other information required by chapter 40 of the Kansas Statutes
Annotated or required by the commissioner under the authority granted in
chapter 40 of the
Kansas Statutes Annotated;
For any information relating to suspected fraudulent
insurance acts furnished to or received from law
enforcement officials, their agents and employees;
For any information relating to suspected fraudulent
insurance acts furnished to or received from
other persons subject to the provisions of chapter 40 of the Kansas Statutes
Annotated;
For any such information furnished in reports to the
insurance department, national association of
insurance commissioners or any organization established to detect or prevent
fraudulent
insurance acts, their agents, employees or designees;
For the publication of any report or bulletin related to the
official activities of the insurance
department by the commissioner or any employee of the insurance department.
Nothing herein is
intended to abrogate or modify in any way any common law or statutory
privilege or immunity
heretofore enjoyed by any person.
K E N T U C K Y
Title Xxv. Business And Financial Institutions
Chapter 304. Insurance Code
Subtitle 47. Insurance Fraud
304.47-060 IMMUNITY OF INFORMANT AND OF DEPARTMENT EMPLOYEES; DOCUMENTS
NOT OPEN TO
INSPECTION
(1) In the absence of malice, fraud, or gross negligence, a person shall
not be subject to civil liability for
libel, slander, or any other relevant tort by virtue of filing reports or
furnishing other information required
by this chapter or requested by the Division of Insurance Fraud
Investigation or its authorized
representative. No civil cause of action of any nature shall arise against
the person:
(a) For any information relating to suspected
fraudulent insurance acts furnished to or received
from law enforcement officials, their agents, or employees;
(b) For any information relating to suspected
fraudulent insurance acts furnished to or received from
other persons subject to the provisions of this subtitle, including those
designated by KRS 304.47-080;
(c) For any information furnished to or received
from the Department of Workers' Claims, its agents,
or employees; or
(d) For any information furnished in reports to
the commissioner or the National Association of
Insurance Commissioners.
(2) The commissioner or any employee or agent of the Department of Insurance
shall not be subject to
civil liability for libel, slander, or any other relevant tort. No civil
cause of action shall exist against these
persons by virtue of the execution of official activities or duties of the
commissioner or the division or by
virtue of the publication of any report or bulletin related to the official
activities or duties of the
commissioner.
(3) This subtitle shall not abrogate or modify any common law or statutory
privilege or immunity enjoyed
by any person.
(4) The papers, documents, reports, or evidence relative to the subject of
an investigation under this
subtitle shall not be subject to public inspection for so long as the
commissioner deems reasonably
necessary to complete the investigation, to protect the person investigated
from unwarranted injury, or to
be in the public interest. Further, the papers, documents, reports, or
evidence relative to the
investigations shall not be subject to subpoena until opened for public
inspection by the commissioner,
unless the commissioner consents, or until, after notice to the commissioner
and a hearing, a court of
competent jurisdiction determines the commissioner would not be
unnecessarily hindered by a subpoena.
The commissioner or his employees or agents shall not be subject to subpoena
in civil actions by any
court of this state to testify concerning any matter of which they have
knowledge pursuant to pending
investigations of fraudulent insurance acts.
L O U I S I A N A
Louisiana Revised Statutes
Title 40. Public Health And Safety
Chapter 6. Department Of Public Safety
Part Iii. State Police
Subpart B. Insurance Fraud Investigation Unit
ß 1425. Receipt of information; immunity from liability
A. Any insurer providing information to an authorized representative of
the unit pursuant to this Subpart
shall have the right to request relevant information and receive the
information requested within thirty
days
B. There shall be no cause of action in the nature of defamation, libel,
slander, invasion of privacy,
negligence, or any other cause of action against any person furnishing
information concerning any
suspected, anticipated, or completed criminal or fraudulent insurance act as
described in this Subpart
which involve any type of insurance as defined in R.S. 22:6. This immunity
from liability shall apply when
the information is provided to or received from a person employed by or
authorized by an insurer whose
activities include the investigation or reporting of suspected fraudulent
insurance acts. The immunity shall
apply to furnishing, disclosing, or requesting information on such suspected
fraudulent insurance acts to
or from the unit as to a person employed by or authorized by other insurers
or insurer organizations
acting in the same capacity including the National Association of Insurance
Commissioners, another
insurer, any federal or state governmental entity established for the
purposes of detecting and preventing
insurance fraud, or the National Insurance Crime Bureau.
C. No insurer, its officers or employees, or insurance professional, nor
any other person shall be subject
to such cause of action for cooperating with or furnishing evidence or
information regarding any
suspected criminal violation to the unit.
D. This Section shall not provide immunity for those disclosing or
furnishing false information with actual
malice or willful intent to injure any person.
E. This Section shall not abrogate or modify in any way jurisprudential
or statutory privileges or
immunities heretofore enjoyed by any person or entity described in this
Section, nor shall it authorize the
unit to make public insurance company records which are proprietary in
nature.
M A I N E
Section 2187(5)
In the absence of fraud, malice or bad faith, any person, including, but
not limited to, an insurer or
authorized agency, that furnished information relating to suspected,
anticipated or completed fraudulent
insurance acts is not liable for any damages in any civil action for
furnishing the information if that
information is furnished to or received from an authorized agency. Nothing
in this subsection is intended
to abrogate or modify in any way any common law or statutory privilege or
immunity previously enjoyed
by any person.
M A R Y L A N D
Section 27-802 (c)
A person is not subject to civil liability for a cause of action by
virtue of reporting suspected insurance
fraud if:
the report was made to the Commissioner, Fraud Division, or an
appropriate federal, State, or local
law enforcement authority; and
the person that reported the suspected insurance fraud acted in good faith
when making the report.
Code Of 1957
Article 38a. Fires And Investigations.
Insurers -- Disclosure Of Arson Investigation Reports
s 57 Disclosure of information concerning fire loss investigation.
(d) Immunity from civil or criminal liability. -- (1) In the absence of
fraud no insurance company, or person
who furnishes information on its behalf, is subject to criminal prosecution
for any oral or written statement
made or any other action taken that is necessary to supply information
required pursuant to this section.
(2) An insurance company, or a person who furnishes information on its
behalf, shall have the immunity
from liability described under s 5-409 of the Courts and Judicial
Proceedings Article.
M A S S A C H U S E T T S
Chapter 175I Section 21
No cause of action in the nature of defamation, invasion of privacy or
negligence shall arise against any
person for disclosing personal or privileged information in accordance with
this chapter; provided,
however, this section shall provide no immunity:
for any person who discloses false information with malice or
willful intent to injure any person; or
for any person who misidentifies an individual as the subject
of information and who discloses such
misidentified information to others.
M I C H I G A N
Chapter 500. Insurance Code Of 1956
The Insurance Code Of 1956
Chapter 45. Insurance Fraud
500.4509. Report of information concerning insurance fraud, lack of
liability; exceptions; civil liability;
publication of reports relating to entity's official activities; common law
or statutory privileges or immunities
Sec. 4509. (1) A person acting without malice is not subject to liability
for filing a report or requesting or
furnishing orally or in writing other information concerning suspected or
completed insurance fraud, if the
reports or information are provided to or received from the insurance bureau,
the national association of
insurance commissioners, any federal, state, or governmental agency
established to detect and prevent
insurance fraud, as well as any other organization, and their agents,
employees, or designees, unless
that person knows that the report or other information contains false
information pertaining to any material
fact or thing.
(2) In a prosecution for perjury or insurance fraud, and in the absence
of malice, an insurer, or any officer,
employee, or agent of an insurer, or any private person who cooperates with,
furnishes evidence, or
provides or receives information regarding suspected insurance fraud to or
from an authorized agency,
the national association of insurance commissioners, or any organization, or
who complies with an order
issued by a court acting in response to a request by any of these entities
to provide evidence or
testimony, is not subject to civil liability with respect to any act
concerning the suspected insurance fraud
that the person testifies to or produces relevant matter, unless that person
knows that the evidence,
information, testimony, or matter contains false information pertaining to
any material fact or thing.
(3) In the absence of malice, an insurer, or any officer, employee, or
agent of an insurer, or any person
who cooperates with, furnishes evidence, or provides information regarding
suspected insurance fraud to
an authorized agency, the national association of insurance commissioners,
or any organization, or who
complies with an order issued by a court of competent jurisdiction acting in
response to a request by any
of these entities to furnish evidence or provide testimony, is not subject
to civil liability for libel, slander, or
any other tort, and a civil cause of action of any nature does not exist
against the person, for filing a
report, providing information, or otherwise cooperating with an
investigation or examination of any of
these entities, unless that person knows that the evidence, information,
testimony, or matter contains
false information pertaining to any material fact or thing.
(4) The authorized agency, the national association of insurance
commissioners, or any organization, and
any employee or agent of any of these entities, when acting without malice,
is not subject to civil liability
for libel, slander, or any other tort, and a civil cause of action of any
nature does not exist against the
person for official activities or duties of the entity because of the
publication of any report or bulletin
related to the entity's official activities or duties, unless the report or
bulletin contains false information
concerning any material fact or thing and the authorized agency, the
national association of insurance
commissioners, an organization, or an employee or agent of these entities
knows that the information is
false.
(5) This section does not abrogate or modify in any way common law or
statutory privilege or immunity
otherwise available to any person or entity.
M I N N E S O T A
Labor, Industry
Chapter 176. Workers' Compensation
176.861. Disclosure of information
Subdivision 1. Insurance information. The commissioner may, in writing,
require an insurance company
to release to the commissioner any or all relevant information or evidence
the commissioner deems
important which the company may have in its possession relating to a workers'
compensation claim
including material relating to the investigation of the claim, statements of
any person, and any other
evidence relevant to the investigation. The writing from the commissioner
requiring release of the
information shall contain a statement that the commissioner has reason to
believe a crime or civil fraud
has been committed with respect to an insurance claim, payment, or
application.
Subd. 2. Information released to authorized persons. If an insurance
company has evidence that a claim
may be fraudulent, the company shall, in writing, notify the commissioner
and provide the commissioner
with all relevant material related to the company's inquiry into the claim.
Subd. 3. Good faith immunity. An insurance company or its agent acting in
its behalf and in good faith
who releases oral or written information under subdivisions 1 and 2 is
immune from civil or criminal
liability that might otherwise be incurred or imposed.
Subd. 4. Self-insurer; assigned risk plan. For the purposes of this
section "insurance company" includes
a self-insurer and the assigned risk plan and their agents.
Chapter 60a. General Insurance Powers
Insurance Fraud
60a.952. Disclosure Of Information
Subdivision 1. Request. After receiving a written request from an
authorized person stating that the
authorized person has reason to believe that a crime or civil fraud has been
committed in connection with
an insurance claim, payment, or application, an insurer must release to the
authorized person all relevant
information in the insurer's possession.
Subd. 2. Notification by insurer required. If an insurer has reason to
believe that an insurance fraud has
been committed, the insurer shall, in writing, notify an authorized person
and provide the authorized
person with all relevant information in the insurer's possession. It is
sufficient for the purpose of this
subdivision if an insurer notifies and provides relevant information to one
authorized person. The insurer
may also release relevant information to any person authorized to receive
the information under section
72A.502, subdivision 2.
Subd. 3. Immunity from liability. If insurers, agents acting on the
insurers' behalf, or authorized persons
release information in good faith under this section, whether orally or in
writing, they are immune from any
liability, civil or criminal, for the release or reporting of the
information.
M I S S O U
R I
Section 375.993(2)
No insurer, employees or agents of
any insurer, or any other person acting without malice, shall be
subject to civil liability for libel or otherwise by virtue of the filing of
reports or furnishing other information
required by sections 375.991 to 375.994 or required by the department of
insurance as a result of the
authority granted in sections 375.991 to 375.994.
M O N T A N A
Title 33. Insurance And Insurance Companies
Chapter 1. Administration And General Provisions
Part 12. Insurance Fraud Protection
33-1-1210. Immunity from liability
(1) In the absence of malice, an insurer, an officer, employee, or producer
of the insurer, an independent
adjuster, an administrator, a consultant, or any private person is not
subject to civil liability for filing
reports, providing information, or otherwise cooperating with an
investigation or examination of insurance
fraud conducted by the commissioner.
(2) A person listed in subsection (1) receives immunity if the person:
(a) cooperates with, furnishes evidence to, or provides information
regarding any suspected
insurance fraud to the commissioner, the national association of insurance
commissioners, any
nonprofit organization established to detect and prevent insurance fraud, or
other insurer or
producer; or
(b) complies with an order issued by a court of competent jurisdiction
acting in response to a request
by the commissioner to furnish evidence or provide testimony.
N E B R A S K A
Chapter 44. Insurance
Article 66. Insurance Fraud.
ß 44-6605. Immunity from civil liability.
(1) Any person or entity, including the department, an insurer, or a person
employed by or authorized by
an insurer whose activities include the investigation of or reporting of
suspected insurance fraud, acting
without malice, fraudulent intent, or bad faith shall be immune from civil
liability for furnishing any
information relating to suspected fraudulent insurance acts to:
(a) The director or his or her agents or employees;
(b) Law enforcement officials or their agents or employees;
(c) The Nebraska Workers' Compensation Court or its agents or employees;
(d) Persons or entities subject to Chapter 44 or their agents or employees;
or
(e) The National Association of Insurance Commissioners or any organization
established to detect
and prevent fraudulent insurance acts or its agents, employees, or
designees.
(2) This section does not abrogate or modify in any way any common-law or
statutory privilege or
immunity.
N E V A D A
Title 57. Insurance.
Chapter 679b. Commissioner Of Insurance.
679B.157 Liability for disclosure of information on fraudulent claim or
suspicious fire.
An insurer, employee or representative of an insurer, official of an
investigative or law enforcement
agency, employee of the division or the commissioner is not subject to a
criminal penalty or subject to civil
liability for libel, slander or any similar cause of action in tort if he,
without malice, discloses information on
a fraudulent claim or suspicious fire.
N E W H A M P S H I R E
Section 417:28
Any company which believes that an insurance fraud has been committed shall,
within 60 days of forming
such belief, send to the unit, on a form prescribed by the unit, the
information requested and such
additional information relative to the claim and other parties claiming loss
or damage because of the claim
as the unit may require. The unit shall review such report and select such
claims as, in its judgment,
warrant further investigations. In the absence of fraud or malice, no public
official or insurance company
or person who furnishes information on behalf of the insurance company shall
be liable for damages in a
civil action or subject to criminal prosecution for any oral or written
statement made or any other action
taken that is necessary to supply information required pursuant to this
section.
N E W J E R S E Y
Title 17. Corporations And Institutions For Finance And Insurance
Subtitle 3. Insurance
Part 1a. Insurance Fraud Prevention
Chapter 33a. New Jersey Insurance Fraud Prevention Act
17:33A-9. Report of alleged violations; investigation; civil liability;
records
a. Any person who believes that a violation of this act has been or is being
made shall notify the division
[FN1] immediately after discovery of the alleged violation of this act and
shall send to the division, on a
form and in a manner prescribed by the commissioner, the information
requested and such additional
information relative to the alleged violation as the division may require.
The division shall review the
reports and select those alleged violations as may require further
investigation. It shall then cause an
independent examination or evaluation of the facts surrounding the alleged
violation to be made to
determine the extent, if any, to which fraud, deceit, or intentional
misrepresentation of any kind exists.
b. No person shall be subject to civil liability for libel, violation of
privacy or otherwise by virtue of the filing
of reports or furnishing of other information, in good faith and without
malice, required by this section or
required by the division as a result of the authority conferred upon it by
law.
c. The commissioner may, by regulation, require insurance companies licensed
to do business in this
State to keep such records and other information as he deems necessary for
the effective enforcement of
this act.
N E W M E X I C O
Chapter 59a. Insurance Code
Article 16c. Insurance Fraud Act
59A-16C-7 Immunity from civil liability; private insurance fraud reports and
enforcement actions.
A. The provisions of Section 59A-4-21 NMSA 1978 regarding immunity from
civil liability for enforcement
actions performed in good faith by the superintendent, his authorized
representatives and examiners shall
apply to the Insurance Fraud Act [this article].
B. Except when a person intentionally communicates false information he
actually believes to be false, a
person shall not be subject to liability by virtue of reporting or
furnishing, orally or in writing, information
concerning suspected, anticipated or completed insurance fraud acts when the
report or information is
provided to:
(1) the department of insurance, the superintendent or law enforcement
agencies, their officials,
agents or employees;
(2) the national association of insurance commissioners, a federal or state
governmental agency or
office established to detect and prevent insurance fraud, any other
organization established for
the same purpose and their agents, employees or designees; or
(3) the anti-fraud unit of an insurer.
C. A person identified in Subsection B of this section or any of the
person's officers, employees or agents
when performing authorized activities, including the publication or
dissemination of any related bulletin or
reports, shall not be subject to civil liability for libel, slander or any
other relevant tort or a civil cause of
action of any nature, except if the person, officer, employee or agent
intentionally communicates false
information he actually believes to be false.
D. This section shall not abrogate or modify in any way any privilege or
immunity recognized by common
law or statute.
E. The court shall award attorney fees and costs to any person identified in
Subsection B of this section
or any of that person's officers, employees or agents who is a prevailing
party in a civil cause of action
against him for libel, slander or any other relevant tort arising out of
conduct pursuant to the Insurance
Fraud Act if the party bringing the action was not substantially justified
in bringing such action. For the
purposes of this subsection, "substantially justified" means having a
reasonable basis in law or fact at the
time a proceeding was initiated.
F. The relief provided in this section is in addition to remedies otherwise
available against the same
conduct under the common law or other laws of this state.
N E W Y O R K
Section 406
In the absence of fraud or bad faith, no person shall be subject to civil
liability, and no civil cause of action
of any nature shall arise against such person (i) for any information
relating to suspected fraudulent
insurance transactions furnished to law enforcement officials, their agents
and employees; and (ii) for any
information relating to suspected fraudulent insurance transactions
furnished to other persons subject to
the provisions of this chapter; and (iii) for any such information furnished
in reports to the insurance
frauds bureau, its agents or employees or the workers’ compensation fraud
inspector general, its agents
or employees. Nor shall the superintendent or any employee of the insurance
frauds bureau, in the
absence of fraud or bad faith, be subject to civil liability and no civil
cause of action of any nature shall
arise against them by virtue of the publication of any report or bulletin
related to the official activities of the
insurance frauds bureau. Nothing herein is intended to abrogate or modify in
any way any common law
privilege of immunity heretofore enjoyed by any person.
N O R T H C A R O L I N A
Chapter 58. Insurance.
Article 2. Commissioner Of Insurance.
ß 58-2-160 Reporting and investigation of insurance and reinsurance fraud
and the financial condition of
licensees; immunity from liability.
(a) As used in this section, "Commissioner" includes an employee, agent, or
designee of the
Commissioner. A person, or an employee or agent of that person, acting
without actual malice, is not
subject to civil liability for libel, slander, or any other cause of action
by virtue of furnishing to the
Commissioner under the requirements of law or at the direction of the
Commissioner reports or other
information relating to (i) any known or suspected fraudulent insurance or
reinsurance claim, transaction,
or act or (ii) the financial condition of any licensee. In the absence of
actual malice, members of the NAIC,
their duly authorized committees, subcommittees, task forces, delegates, and
employees, and all other
persons charged with the responsibility of collecting, reviewing, analyzing,
or disseminating the
information developed from filings of financial statements or examinations
of licensees are not subject to
civil liability for libel, slander, or any other cause of action by virtue
of their collection, review, analysis, or
dissemination of the data and information collected from such filings or
examinations.
(b) The Commissioner, acting without actual malice, is not subject to civil
liability for libel or slander by
virtue of an investigation of (i) any known or suspected fraudulent
insurance or reinsurance claim,
transaction, or act or (ii) the financial condition of any licensee; or by
virtue of the publication or
dissemination of any official report related to any such investigation,
which report is published or
disseminated in the absence of fraud, bad faith, or actual malice on the
part of the Commissioner. The
Commissioner is not subject to civil liability in relation to the collecting,
reviewing, analyzing, or
dissemination of information that is developed by the NAIC from the filing
of financial statements with the
NAIC or from the examination of insurers by the NAIC and that is
communicated to the Commissioner,
including any investigation or publication or dissemination of any report or
other information in relation
thereto, which report is published or disseminated in the absence of fraud,
bad faith, negligence, or actual
malice on the part of the Commissioner.
(c) During the course of an investigation of (i) a known or suspected
fraudulent insurance or reinsurance
claim, transaction, or act or (ii) the financial condition of any licensee,
the Commissioner may request any
person to furnish copies of any information relative to the (i) known or
suspected claim, transaction, or act
or (ii) financial condition of the licensee. The person shall release the
information requested and
cooperate with the Commissioner pursuant to this section.
Section 58-39-110
No cause of action in the nature of defamation, invasion of privacy, or
negligence shall arise against any
person for disclosing personal or privileged information in accordance with
this Article, nor shall such a
cause of action arise against any person for furnishing personal or
privileged information to an insurance
institution, agent, or insurance-support organization: Provided, however,
this section shall provide no
immunity for disclosing or furnishing false information with malice or
willful intent to injure any person.
N O R T H D A K O T A
Title 26.1. Insurance
Chapter 26.1-02.1. Insurance Fraud
26.1-02.1-04 Immunity.
1. A person when acting without malice is not subject to liability by virtue
of filing reports, or furnishing
orally or in writing other information concerning any suspected, anticipated,
or completed fraudulent
insurance act, when the reports or information are provided to or received
from any authorized agency,
the national association of insurance commissioners, or any other
not-for-profit organization established
to detect and prevent insurance fraud, and their agents, employees, or
designees.
2. Except in prosecution for perjury or insurance fraud, and in the absence
of malice, an insurer, or any
officer, employee, or agent thereof, or any licensed producer or private
person who cooperates with, furnishes evidence, or provides or receives
information regarding any suspected fraudulent insurance act
to or from an authorized agency, the national association of insurance
commissioners, or any
not-for-profit organization established to detect and prevent fraudulent
insurance acts or who complies
with an order issued by a court of competent jurisdiction acting in response
to a request by any of these
entities to provide evidence or testimony is not subject to a criminal
proceeding or to a civil penalty with
respect to any act concerning which the person testifies to or produces
relevant matter.
3. In the absence of malice, an insurer, or any officer, employee, or agent
thereof, or any licensed
producer or private person who cooperates with, furnishes evidence, or
provides information regarding
any suspected fraudulent insurance act to an authorized agency, the national
association of insurance
commissioners, or any not-for-profit organization established to detect and
prevent fraudulent insurance
acts or who complies with an order issued by a court of competent
jurisdiction acting in response to a
request by any of these entities to furnish evidence or provide testimony,
is not subject to civil liability for
libel, slander, or any other relevant tort, and no civil cause of action of
any nature exists against the
person, for filing reports, providing information, or otherwise cooperating
with an investigation or
examination of any of these entities.
4. The authorized agency, the national association of insurance
commissioners, or any not-for-profit
organization established to detect and prevent fraudulent insurance acts and
any employee or agent of
any of these entities, when acting without malice is not subject to civil
liability for libel, slander, or any
other relevant tort, and no civil cause of action of any nature will lie
against the person by virtue of the
execution of official activities or duties of the entity by virtue of the
publication of any report or bulletin
related to the official activities or duties of the entity.
5. This section does not abrogate or modify in any way common law or
statutory privilege or immunity
heretofore enjoyed by any person or entity.
O H I O
Title Xxxix. Insurance
Chapter 3999. Crimes Relating To Insurance
Miscellaneous Provisions
3999.31 Immunity For Persons Providing Or Receiving Information Concerning
Fraudulent Acts
(B) In the absence of fraud or bad faith, no person is subject to liability
for damages or any other civil
liability for libel, slander, or other relevant tort cause of action by
virtue of filing reports, without malice, or
furnishing other information, without malice, required under Title XXXIX of
the Revised Code or required
by the superintendent under authority granted by that title, and no
liability for damages or any other civil
cause of action of any nature arises against a person for providing or
receiving information relating to
suspected fraudulent insurance acts that is furnished to or received from
any of the following:
(1) Any law enforcement official, or any agent or employee of such official;
(2) Other persons subject to the provisions of Title XXXIX of the Revised
Code;
(3) The superintendent and any designee of the superintendent, any insurance
frauds bureau, the
national association of insurance commissioners, or any organization
established to detect and
prevent fraudulent insurance acts;
(4) Any other person involved in the detection or prevention of fraudulent
insurance acts.
(C) The superintendent and any designee of the superintendent, or any
insurance frauds bureau, in the
absence of malice, fraud, or bad faith, is not subject to civil liability
for libel, slander, or other relevant tort
and no civil cause of action of any nature arises against such a person by
virtue of the publication of any
report or bulletin related to the official activities of the superintendent
or of any insurance frauds bureau in
relation to fraudulent insurance acts.
(D) Nothing in this section is intended to abrogate or modify in any way any
common law or statutory
privilege or immunity enjoyed by any person.
(E) Nothing in this section shall be construed to negate, supersede, or
otherwise affect section 3911.06,
3911.07, 3915.05, or 3923.04 of the Revised Code.
(F) This section may be cited as the conference of insurance legislators/national
association of insurance
commissioners model immunity act.
O K L A H O M A
Section 2(C) of House Bill 1502, enacted 1999
C. In the absence of fraud, bad faith, reckless disregard for the truth, or
actual malice, no person, insurer,
or agent of an insurer shall be liable for damages in a civil action or
subject to criminal prosecution for
communication, publication, or any other action taken to supply information
about suspected insurance
fraud to the Insurance Fraud Unit of the Office of the Attorney General or
any other agency involved in the
investigation or prosecution of suspected fraud.
Section 6(B) of House Bill 1502, enacted 1999
B. In the absence of fraud, bad faith, reckless disregard for the truth, or
actual malice, no person, insurer,
or agent of an insurer shall be liable for damages in a civil action or
subject to criminal prosecution for
communication, publication, or any other action taken to supply information
about suspected insurance
fraud to the Anti-Fraud Division of the Insurance Department or any other
agency involved in the
investigation or prosecution of suspected insurance fraud.
O R E G O N
Section 731.737(2)
A person acting without malice, fraudulent intent or bad faith is not
subject to liability by virtue of filing
reports or furnishing information regarding any activity described in
subsection (3) of this section with or
to any person or other entity described in subsection (1) of this section.
P E N N S Y L V A N I A
Title 40. Insurance
Chapter 2. Insurance Companies
Article Iii. General Provisions Relating To Insurance Companies,
Associations, And Exchanges
ß 474.1. Immunity from liability
(a) In the absence of fraud or bad faith, no person or his employes or
agents shall be subject to civil
liability and no civil cause of action shall arise against any of them for
any of the following:
(1) Information relating to suspected fraudulent insurance acts furnished by
them to or received from
law enforcement officials, their agents and employes.
(2) Information relating to suspected fraudulent insurance acts furnished by
them to or received from
other persons subject to the provisions of this act.
(3) Information furnished by them in reports to the Insurance Department,
National Association of
Insurance Commissioners or another organization established to detect and
prevent fraudulent
insurance acts, their agents, employes or designees.
(b) The Insurance Commissioner and employes of the Insurance Department, in
the absence of fraud or
bad faith, shall not be subject to civil liability. No civil cause of action
shall arise against any of them by
virtue of the publication of a report or bulletin related to the official
activities of the Insurance Department.
(c) Nothing in this section is intended to abrogate or modify a common law
or statutory immunity
heretofore enjoyed by any person.
(d) As used in this section the following words and phrases shall have the
meanings given to them in this
subsection:
"Absence of bad faith" means without serious doubt that the information
furnished or received, or the
report or bulletin published, is not true.
"Absence of fraud" means without knowledge that the information furnished or
received, or the report or
bulletin published, is not true.
"Fraudulent insurance act" means an act committed by a person who, knowingly
and with intent to
defraud, presents, causes to be presented or prepares with knowledge or
belief that it will be presented to
or by an insurer, purported insurer or broker, or an agent of an insurer,
purported insurer or broker, a
written statement as part or in support of an application for the issuance
or rating of an insurance policy
for commercial insurance, or a claim for payment or other benefit pursuant
to an insurance policy for
commercial or personal insurance which he knows to contain materially false
information concerning a
fact material to the statement or claim or to conceal, for the purpose of
misleading, information
concerning a fact material to the statement or claim.
R H O D E I S L A N D
Title 27. Insurance
Chapter 49. Motor Vehicle Theft And Motor Vehicle Insurance Fraud
Reporting -- Immunity Act
27-49-5 Immunity.
No insurer, or agent authorized by an insurer to act on its behalf,
authorized governmental agency or their
respective employees shall be subject to any civil or criminal liability in
a cause of action of any kind for
releasing or receiving any factually accurate information pursuant to ß 27-
49-3 or ß 27-49-4. Nothing
herein is intended to or does in any way or manner abrogate or lessen the
common and statutory law,
privileges and immunities of an insurer, agent authorized by an insurer to
act on its behalf, or authorized
governmental agency or any of their respective employees.
27-49-5.1 Insurer disclosure -- Qualified immunity.
(a) An insurer and an agent authorized to act on its behalf, upon written
request, may provide to another
insurer or insurance industry related organization whose purpose it is to
investigate or assist in the
prosecution of motor vehicle insurance fraud any and all relevant factually
accurate information which the
insurer may possess as to any motor vehicle claim or other information which
may relate to whether a
motor vehicle theft or motor vehicle insurance fraud has occurred.
(b) No insurer, organization or agent authorized to act under subsection (a)
shall be subjected to any civil
or criminal liability in any cause of action of any kind for releasing or
receiving any relevant factually
accurate information pursuant to subsection (a) if it acts in good faith and
with due care solely for the
purpose of facilitating the discovery and prosecution of the theft or fraud.
S O U T H C A R O L I N A
Section 38-55-580
(A) A person, insurer or authorized agency, when acting without malice or in
good faith, is immune from
any liability arising out of filing reports, cooperating with investigations
by any authorized agency, or
furnishing other information, whether written or oral, and whether in
response to a request by an
authorized agency upon their own initiative, concerning any suspected,
anticipated, or completed false
statement or misrepresentation when such reports or information are provided
to or received by any
authorized agency.
(B) Nothing herein abrogates or modifies in any way common law or statutory
privilege or immunity
heretofore enjoyed by any person, insurer, or authorized agency.
(C) Nothing herein limits the liability of any person or insurer who, with
malice or in bad faith, makes a
report of suspected fraud under the provisions of this article.
In addition to the immunity granted in this section, persons identified
as designated employees
whose responsibilities include the investigation and disposition of claims
relating to suspected
fraudulent insurance acts may share information relating to persons
suspected of committing
fraudulent insurance acts with other designated employees employed by the
same or other
insurers whose responsibilities include the investigation and disposition of
claims relating to
fraudulent insurance acts, provided the department has been given written
notice of the names
and job titles of these designated employees prior to any designated
employee sharing
information. Unless the designated employees of the insurer act in bad faith
or reckless disregard
for the rights of any insured, neither the insurer nor its designated
employees are civilly liable for
libel, slander, or any other relevant tort, and a civil action does not
arise against the insurer or its
designated employees:
for any information related to suspected fraudulent insurance acts provided
to an insurer; or
for information related to suspected fraudulent insurance acts provided to
the National Insurance
Crime Bureau or the National Association of Insurance Commissioners.
Provided, however, that the qualified immunity against civil liability
conferred on any insurer or its
designated employees shall be forfeited with respect to the exchange or
publication of any defamatory
information with third persons not expressly authorized by subsection (D) to
share in such information.
S O U T H D A K O T A
Section 13 of Senate Bill 75 enacted March, 1999, effective July 1, 1999
Any person acting in good faith is immune from civil liability for filing a
report with or for furnishing any
information relating to suspected, anticipated, or completed fraudulent
insurance acts to:
(1) The Department of Commerce and Regulation and the director of insurance;
(2) Any governmental agency established to detect and prevent fraud;
(3) Law enforcement officials;
(4) Department of Labor;
(5) Any insurer or insurance agent;
(6) The National Association of Insurance Commissioners; and
(7) Any nonprofit organization established to detect and prevent insurance
fraud, if the organization
is approved by the director pursuant to rules promulgated by the director
under Chapter 1-26
setting forth the standards, criteria, and procedures necessary to obtain
approval.
If a civil action is commenced against a person for damages related to the
filing of a report or the
furnishing of information under this section and the court determines that
the person acted in good faith in
filing the report or furnishing the information, the person filing the
report or furnishing the information may
recover costs or disbursements under chapter 15-17, including reasonable
attorney’s fees.
If the trier of fact concludes that the person filing the report or
furnishing the information was not acting in
good faith, the person filing the civil action may recover costs or
disbursements under chapter 15-17,
including reasonable attorney’s fees.
This section does not abrogate or modify in any way any common law or
statutory privilege or immunity.
T E N N E S S E E
Title 56 Insurance
Chapter 47 Workers' Compensation Fraud
56-47-111 Immunity of persons providing information.
In the absence of actual malice, no person furnishing, disclosing or
requesting information pursuant to §
56-47-110 shall be subject to civil liability for libel, slander or any
other cause of action arising from the
furnishing, disclosing or requesting of such information. No person
providing information pursuant to §
56-47-110(a) shall be subject to civil liability for any cause of action
arising from the person's provision of
requested information. Any person against whom any action is brought who is
found to be immune from
liability under this section shall be entitled to recover reasonable
attorney's fees and costs from the
person or party who brought the action. This section does not abrogate or
modify in any way any common
law or statutory privilege or immunity heretofore enjoyed by any person.
T E X A S
Insurance Code
Title 1. The Insurance Code Of 1951
Chapter One--The Board, Its Powers And Duties
Art. 1.10d. Insurance Fraud Unit
Immunity
Sec. 6. (a) A person acting without malice, fraudulent intent, or bad faith
is not subject to liability based on
filing reports or furnishing, orally or in writing, other information
concerning suspected, anticipated, or
completed fraudulent insurance acts if the reports or information are
provided to:
(1) a law enforcement officer or an agent or employee of a law enforcement
officer;
(2) the National Association of Insurance Commissioners, a state or federal
governmental agency
established to detect and prevent fraudulent insurance acts or to regulate
the business of
insurance, or an employee of that association or governmental agency; or
(3) an authorized governmental agency or the department.
(b) A person to whom Subsection (a) of this section applies or an employee
or agent of such a person
when performing an authorized activity, including the publication or
dissemination of any related bulletin
or reports, and while acting without malice, fraudulent intent, or bad faith,
is not subject to civil liability for
libel, slander, or any other relevant tort, and a civil cause of action of
any nature may not exist against
that person based on those activities.
(c) This section does not affect or modify any common law or statutory
privilege or immunity.
(d) A person to whom Subsection (a) of this section applies or an employee
or agent of such a person is
entitled to an award of attorney's fees and costs if the person, employee,
or agent is a prevailing party in
a civil cause of action for libel, slander, or any other relevant tort based
on activities performed under
Subsection (a) of this section.
U T A H
Title 31a. Insurance Code
Chapter 31. Insurance Fraud Act
Current Through End Of 1999 General Session
31A-31-105 Immunity.
(1) A person, insurer, or authorized agency is immune from civil action,
civil penalty, or damages when in
good faith that person, insurer, or authorized agency cooperates with,
furnishes evidence, provides or
receives information regarding suspected insurance fraud to or received from:
(a) the department or any division of the department;
(b) any federal, state, or government agency established to detect and
prevent insurance fraud; or
(c) any agent, employee, or designee of an entity listed in Subsection
(1)(a) or (1)(b).
(2) A person, insurer, or authorized agency is immune from civil action,
civil penalty, or damages if that
person, insurer, or authorized agency complies in good faith with a court
order to provide evidence or
testimony requested by the entities described in Subsections (1)(a) through
(1)(c).
(3) This section does not abrogate or modify common law or statutory rights,
privileges, or immunities
enjoyed by any person or entity.
(4) Notwithstanding any other provision in this section, a person, insurer,
or service provider is not
immune from civil action, civil penalty or damages under this section if
that person commits the fraudulent
insurance act that is the subject of the information.
V I R G I N I A
Section 52-41
(A) Any insurer providing information to an authorized representative of the
Department pursuant to Sec.
52-38 or pursuant to subdivision A 6 of Sec. 38.2-613 shall have the right
to request relevant information
and receive, within thirty days, the information requested.
(B) No cause of action in the nature of defamation, invasion of privacy, or
negligence shall arise against
any person furnishing information concerning any suspected, anticipated or
completed criminal violation
when the information is provided to or received from the Department, the
National Association of
Insurance Commissioners, another insurer, any federal or state governmental
entity established for the
purposes of detecting and preventing insurance fraud, or the National
Insurance Crime Bureau.
(C) No insurer, its officers or employees, insurance professional or any
other person shall be subject to
such cause of action for cooperating with, or furnishing evidence or
information regarding any suspected
criminal violation to the Department.
(D) This section shall not provide immunity for those disclosing or
furnishing false information with malice
or willful intent to injure the person.
This section does not abrogate or modify in any way common law or statutory
privilege or immunity
heretofore enjoyed by any person or entity, nor does it authorize the
Department to make public
insurance company records which are proprietary in nature.
W A S H I N G T O N
Title 48. Insurance
Chapter 48.50. Insurance Fraud Reporting Immunity Act
48.50.070. Immunity from liability for releasing information
Any licensed insurance agent, any licensed insurance broker, or any insurer
or person acting in the
insurer's behalf or any authorized agency which releases information,
whether oral or written, under RCW
48.50.030, 48.50.040, 48.50.050, or *48.50.060 shall be immune from
liability in any civil or criminal
action, suit, or prosecution arising from the release of the information,
unless actual malice on the part of
the agent, broker, insurer, or authorized agency against the insured is
shown.
W E S T V I R G I N I A
Chapter 33. Insurance.
Article 41. Privileges And Immunity.
Current Through End Of 1999 2nd Ex.Sess.
s 33-41-3 Privileges and immunity.
(a) Any person who makes a report or furnishes information, written or oral,
concerning suspected,
anticipated or completed insurance fraud to an insurer or authorized agency
shall be entitled to those
privileges and immunities heretofore existing under the common or statutory
law of this state, as well as
the immunity established herein.
(b) In the absence of fraud, malice or bad faith, no person or agent,
employee or designee of such person
shall be subject to civil liability of any nature arising out of such
person's providing any information related
to suspected, anticipated or completed insurance fraud to any insurer or
authorized agency.
(c) Nothing herein shall be construed to limit, abrogate or modify existing
statutes or case law applicable
to the duties or liabilities of insurers regarding bad faith or unfair trade
practices.
W I S C O N S I N
Miscellaneous Actions, Proceedings And Procedure
Chapter 895. Miscellaneous General Provisions
895.486. Civil immunity exemption; reports of insurance fraud
(2) Any person who, absent malice, files a report with or furnishes
information concerning suspected,
anticipated, or completed insurance fraud is immune from civil liability for
his or her acts or omissions in
filing the report or furnishing the information to any of the following or
to their agents, employes or
designees:
(a) The office of the commissioner of insurance.
(b) A law enforcement officer.
(c) The National Association of Insurance Commissioners.
(d) Any governmental agency established to detect and prevent insurance
fraud.
(e) Any nonprofit organization established to detect and prevent insurance
fraud.
(f) Any insurer or authorized representative of an insurer.
(3) Any information furnished by an insurer in response to a report or
information furnished under sub. (2)
is confidential and may be made public only if required in a civil or
criminal action.
(4) If a civil action is commenced against a person for damages related
to the filing of a report or the
furnishing of information under sub. (2) and the court determines that the
person is immune from civil
liability for his or her acts or omissions in filing the report or
furnishing the information, the person filing
the report or furnishing the information shall recover costs under ch. 814
and, notwithstanding s.
814.04(1), reasonable attorney fees.
UNITED STATES
Title II SubTitle A – HIPAA -1996
Section 1128C(a)(3)(B)(iii)
Qualified Immunity For Providing Information
The provisions of section 1157(a) (relating to limitation on liability)
shall apply to a person providing
information to the Secretary or the Attorney General in conjunction with
their performance duties under
this section.
Note: Congress enacted the Health Insurance Portability and Accountability
Act of 1996. One of the
provisions of that act added greater authority for combating health
insurance fraud by the Department of
Health and Human Services and the Attorney General. Title II of the Act
establishes the procedures for
the coordination of effort to fight health care fraud. As part of that
section, the law grants qualified
immunity for the reporting information concerning health care fraud to
either the Secretary of HHS or the
Attorney General.
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