(a) A person is not liable in a civil action, including an action for libel or slander,
and a civil action may not be brought against the person, for furnishing information
relating to suspected, anticipated, or completed fraudulent insurance acts if the
information is provided to or received from:
(1) the commissioner or an employee of the department;
(2) a law enforcement agency of this state, of another state, or of the United States
or an employee of the agency;
(3) the National Association of Insurance Commissioners or an employee of the association;
(4) a state or federal governmental agency established to detect and prevent fraudulent
insurance acts or to regulate the business of insurance or an employee of the agency.
(b) A person may furnish information as described in Subsection (a) orally or in writing,
including through publishing, disseminating, or filing bulletins or reports.
(c) Subsection (a) does not apply to a person who acts with malice, fraudulent intent,
or bad faith.
(d) A person to whom Subsection (a) applies who prevails in a civil action arising
from the furnishing of information as described in Subsection (a) is entitled to attorney's
fees and costs if the action was not substantially justified. In this subsection, “substantially justified” means there was a reasonable basis in law or fact to bring the action at the time
the action was initiated.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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