§ 26.1-02.1-04 — Immunity

North Dakota § 26.1-02.1-04

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-02.1: Insurance Fraud

Text

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 the commissioner; federal, state, or local law enforcement
or regulatory officials; the national association of insurance commissioners; or any
other not-for-profit organization established to detect and prevent insurance fraud and
any employee or agent of any of these entities.
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 insurance producer
or private person who cooperates with, furnishes evidence, or provides or receives
information regarding any suspected fraudulent insurance act to or from the
commissioner; federal, state, or local law enforcement or regulatory officials; 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 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 insurance producer or private person who cooperates with, furnishes
evidence, or provides information regarding any suspected fraudulent insurance act to
the commissioner; federal, state, or local law enforcement or regulatory officials; 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 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 commissioner; federal, state, or local law enforcement or regulatory officials; 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.