§ 40:1425 — Receipt of information; immunity from liability

Louisiana § 40:1425

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§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. 22:47. 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.

Legislative History

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.