52-41 - Receipt of information; immunity from liability.
§ 52-41. Receipt of information; immunity from liability.
A. Any insurer providing information to an authorized representative of theDepartment pursuant to § 52-38 or pursuant to subdivision B 5 of § 38.2-613shall have the right to request relevant information and receive, withinthirty days, the information requested.
B. No cause of action in the nature of defamation, invasion of privacy, ornegligence shall arise against any person furnishing information concerningany suspected, anticipated or completed criminal violation when theinformation is provided to or received from the Department, the NationalAssociation of Insurance Commissioners, another insurer, any federal or stategovernmental entity established for the purposes of detecting and preventinginsurance fraud, or the National Insurance Crime Bureau.
C. No insurer, its officers or employees, insurance professional or any otherperson shall be subject to such cause of action for cooperating with, orfurnishing evidence or information regarding any suspected criminal violationto the Department.
D. This section shall not provide immunity for those disclosing or furnishingfalse information with malice or willful intent to injure any person.
E. This section does not abrogate or modify in any way common law orstatutory privilege or immunity heretofore enjoyed by any person or entity,nor does it authorize the Department to make public insurance company recordsthat are proprietary in nature.
(1998, c. 590; 2001, c. 371.)