§ 10-1-207 — Immunity from liability - prohibited activity

(1) No cause of action
shall arise, nor shall any liability be imposed, against the commissioner, the
commissioner's authorized representatives, or any examiner appointed by the
commissioner for any statements made or conduct performed in good faith while
carrying out the provisions of this part 2.

(2) No cause of action shall arise, nor shall any liability be imposed, against
any person for the act of communicating or delivering information or data to the
commissioner or the commissioner's authorized representative or examiner
pursuant to an examination made under this part 2, if such act of communication or
delivery was performed in good faith and without fraudulent intent or the intent to
deceive.

(3) This section does not abrogate or modify in any way any common-law or
statutory privilege or immunity heretofore enjoyed by any person identified in
subsection (1) of this section.

(4) A person identified in subsection (1) of this section shall be entitled to an
award of attorney fees and costs if such person is the prevailing party in a civil
action for libel, slander, or any other relevant tort arising out of activities in carrying
out the provisions of this part 2 and the party bringing the action was not
substantially justified in doing so. For purposes of this section, a proceeding is
substantially justified if it had a reasonable basis in law or fact at the time that it
was initiated.

(5) An insurer shall not take any retaliatory personnel action against an
employee because the employee provides information to or testifies before the
commissioner conducting an examination into the practices of the company.

(6) (a) An employee who has been the subject of a retaliatory personnel
action in violation of subsection (5) of this section may institute a civil action in a
court of competent jurisdiction for relief within one year after the date of the
alleged retaliatory action.

(b) A court of competent jurisdiction may order relief as follows:

(I) Reinstatement of the employee to the same position held before the
retaliatory personnel action or an equivalent position;

(II) Reinstatement of full benefits and seniority rights; and

(III) Compensation for lost wages and benefits.

(c) Upon a determination that an insurer has taken a retaliatory personnel
action, the court may award costs of the action together with reasonable attorney
fees.

Legislative History

Source: L. 2003: Entire article RC&RE, p. 613, � 1, effective July 1. L. 2006: (5) and (6) added, p. 971, � 5, effective January 1, 2007. L. 2017: (5) amended, (HB 17-1231), ch. 284, p. 1560, � 6, effective January 1, 2018.