§ 58-2-160. Reporting and investigation of insurance and reinsurance fraud and the financial condition of licensees; immunity from liability.
§58‑2‑160. Reporting and investigation of insurance and reinsurancefraud and the financial condition of licensees; immunity from liability.
(a) As used in thissection, "Commissioner" includes an employee, agent, or designee ofthe Commissioner. A person, or an employee or agent of that person, actingwithout actual malice, is not subject to civil liability for libel, slander, orany other cause of action by virtue of furnishing to the Commissioner under therequirements of law or at the direction of the Commissioner reports or otherinformation relating to (i) any known or suspected fraudulent insurance orreinsurance claim, transaction, or act or (ii) the financial condition of anylicensee. In the absence of actual malice, members of the NAIC, their dulyauthorized committees, subcommittees, task forces, delegates, and employees,and all other persons charged with the responsibility of collecting, reviewing,analyzing, or disseminating the information developed from filings of financialstatements or examinations of licensees are not subject to civil liability forlibel, slander, or any other cause of action by virtue of their collection,review, analysis, or dissemination of the data and information collected fromsuch filings or examinations.
(b) The Commissioner,acting without actual malice, is not subject to civil liability for libel orslander by virtue of an investigation of (i) any known or suspected fraudulentinsurance or reinsurance claim, transaction, or act or (ii) the financialcondition of any licensee; or by virtue of the publication or dissemination ofany official report related to any such investigation, which report ispublished or disseminated in the absence of fraud, bad faith, or actual maliceon the part of the Commissioner. The Commissioner is not subject to civilliability in relation to the collecting, reviewing, analyzing, or disseminationof information that is developed by the NAIC from the filing of financialstatements with the NAIC or from the examination of insurers by the NAIC andthat is communicated to the Commissioner, including any investigation orpublication or dissemination of any report or other information in relationthereto, which report is published or disseminated in the absence of fraud, badfaith, negligence, or actual malice on the part of the Commissioner.
(c) During the courseof an investigation of (i) a known or suspected fraudulent insurance orreinsurance claim, transaction, or act or (ii) the financial condition of anylicensee, the Commissioner may request any person to furnish copies of anyinformation relative to the (i) known or suspected claim, transaction, or actor (ii) financial condition of the licensee. The person shall release theinformation requested and cooperate with the Commissioner pursuant to thissection. (1985 (Reg. Sess., 1986), c. 1013, s. 3; 1987, c. 864,s. 43; 1987 (Reg. Sess., 1988), c. 975, s. 3; 1989 (Reg. Sess., 1990), c. 1054,s. 1.)