Texas Insurance Code - Section 34.002. Immunity For Furnishing Information Relating To Fraud
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§ 34.002. IMMUNITY FOR FURNISHING INFORMATION RELATING TO
FRAUD. (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; or
(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.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
Section: 33.002 33.003 33.004 33.005 33.006 33.007 34.001 34.002 34.003 34.004 34.005 36.001 36.002 36.003 36.004
Last modified: August 11, 2007
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