§ 507.17 — Immunity from liability

Iowa § 507.17

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 507: EXAMINATION OF INSURANCE COMPANIES

Text

1. A cause of action does not arise nor shall any liability be imposed against the
commissioner, the commissioner’s authorized representative, or any examiner appointed
by the commissioner for any statements made or conduct performed in good faith while
carrying out the provisions of this chapter.
2. A cause of action does not 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 an examiner pursuant to an examination made
under this chapter, if the 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 enjoyed by any person identified in subsection 1.
4. A person identified in subsection 1 is entitled to an award of attorney’s fees and costs
if the person is the prevailing party in a civil cause of action for libel, slander, or any other
relevanttortarisingoutofactivitiesincarryingouttheprovisionsofthischapterandtheparty
bringing the action was not substantially justified in doing so. For purposes of this section, a
proceeding is substantially justified if the proceeding has a reasonable basis in law or fact at
the time that it is initiated.

Legislative History

[S13, §1821-g; C24, 27, 31, 35, 39, §8641; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §507.17]