§1928. Civil immunity
A. No insurer, employees, or agents of any insurer, or any other person acting
without malice, fraudulent intent, or bad faith, shall be subject to civil liability for libel,
slander, or any other relevant tort, and no civil cause of action of any nature shall exist
against such person or entity by virtue of the filing of reports or furnishing other information,
either orally or in writing, concerning suspected, anticipated, or completed fraudulent
insurance acts when such reports or information are required by this Part or required by the
office of insurance fraud as a result of the authority granted pursuant to this Part or when
such reports or information are provided to or received from:
(1)Law enforcement officials, their agents, and employees.
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§1928. Civil immunity
A. No insurer, employees, or agents of any insurer, or any other person acting
without malice, fraudulent intent, or bad faith, shall be subject to civil liability for libel,
slander, or any other relevant tort, and no civil cause of action of any nature shall exist
against such person or entity by virtue of the filing of reports or furnishing other information,
either orally or in writing, concerning suspected, anticipated, or completed fraudulent
insurance acts when such reports or information are required by this Part or required by the
office of insurance fraud as a result of the authority granted pursuant to this Part or when
such reports or information are provided to or received from:
(1) Law enforcement officials, their agents, and employees.
(2) The National Association of Insurance Commissioners, the state Department of
Insurance, a federal or state agency or bureau established to detect and prevent fraudulent
insurance acts, as well as any other organization established for the same purpose, their
agents, employees, or designees.
(3) A person involved in the prevention and detection of fraudulent insurance acts
or that person's employees, agents, or representatives.
B. This Section does not abrogate or modify in any way any statutory or other
privilege or immunity enjoyed by such person or entity.
C. Any person or entity covered by the provisions of this Section shall be entitled to
an award of attorney fees and costs if they are the prevailing party in a civil suit and the party
bringing the action was not substantially justified in doing so. For the 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.