North Dakota § 26.1-03-19.7 Immunity from liability

North Dakota Statutes

§ 26.1-03-19.7 — Immunity from liability

North Dakota § 26.1-03-19.7

Title 26.1Insurance

Ch. 26.1-03Examinations, Reports, and Tax

This text of North Dakota § 26.1-03-19.7 (Immunity from liability) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 26.1-03-19.7 (2026).

Text

1.No cause of action arises, nor may 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 chapter.

2.No cause of action arises, nor may 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 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

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1. No cause of action arises, nor may 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 chapter.
2. No cause of action arises, nor may 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 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 heretofore 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
that person is the prevailing party in a civil cause of action for libel, slander, or any
other relevant tort arising out of activities in carrying out the provisions of this chapter
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.