(a) In the absence of fraud or bad faith, no civil cause of action of any nature shall arise against the person for supplying any information: (1) Relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials or their agents and employees; (2) Relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of the insurance laws of this state; or (3) Furnished in reports to the State Insurance Department, National Association of Insurance Commissioners, or any organization established to detect and prevent fraudulent insurance acts or their agents, employees, or designees. (b) Neither the Insurance Commissioner nor any employee of the department, in the absence of fraud or bad faith, shall be subject to civil liability, and no civil cause of action of any nature shall arise against the person by virtue of the publication of any report or bulletin related to the official activities of the department. (c) Nothing in this section is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.***(a) There shall be no civil liability for libel, slander, or any other cause of action imposed on, and no cause of action shall arise from a person’s furnishing information concerning suspected, anticipated, or completed fraudulent insurance acts, if the information is provided to or received from: (1) The Insurance Commissioner or the commissioner’s employees, agents, or representatives; (2) Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives; (3) A person employed by or authorized by an insurer whose activities include the investigation or reporting of suspected fraudulent insurance acts when furnishing, disclosing, or requesting information on such suspected fraudulent insurance acts to or from a person employed by or authorized by other insurers or insurer organizations acting in the same capacity; or (4) The National Association of Insurance Commissioners or its employees, agents, or representatives. (b) Subsection (a) of this section shall not apply to statements made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that subsection (a) of this section does not apply because the person filing the report or furnishing the information did so with actual malice. (c) This section does not abrogate or modify common law or statutory privileges or immunities enjoyed by a person described in subsection (a) of this section.
(4) “Fraudulent insurance act” means an act or omission committed by a person who, knowingly and with intent to defraud, deceive, conceal, or misrepresent: (A) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to an insurer, a reinsurer, broker or its agent, or by a broker or agent, false information as part of, in support of, or concerning a fact material to one (1) or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract; (ii) The rating of an insurance policy or reinsurance contract; (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract; (iv) Premiums paid on an insurance policy or reinsurance contract; (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract; (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction; (vii) The financial condition of an insurer or reinsurer; (viii) The formation, acquisition, merger, reconsolidation, dissolution, or withdrawal from one (1) or more lines of insurance or reinsurance in all or part of this state by an insurer or reinsurer; (ix) The issuance of written evidence of insurance; or (x) The reinstatement of an insurance policy; (B) Solicits or accepts new or renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction; (C) Removes, conceals, alters, or destroys the assets or records of an insurer, reinsurer, or other person engaged in the business of insurance; (D) Embezzles, abstracts, purloins, or converts moneys, funds, premiums, credits, or other property of an insurer, reinsurer, or person engaged in the business of insurance; (E) Transacts the business of insurance in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of insurance; (F) Attempts to commit, aids or abets the commission of, or conspires to commit the acts or omissions specified in this subsection; (G) Issues false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; (H) Possesses or possesses in order to distribute, solicit, sell, negotiate or effectuate false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance to consumers, lienholders or loss payees, insurance agents or producers, or other persons or entities; (I) Possesses any device, software, or printing supplies utilized to manufacture false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; or (J) Falsely holds himself, herself, or itself out as a representative of an insurance company or assists another in furtherance of that misrepresentation to receive a benefit under an insurance claim, contract, or policy;
(2)(A) A person convicted of a violation of ¤ 23-66-502 by a court of competent jurisdiction shall be guilty of a Class D felony. (B) A person convicted of a violation of ¤ 23-66-502 shall be ordered to pay restitution to persons aggrieved by the violation of this subchapter. (C) Restitution shall be ordered in addition to a fine or imprisonment; and (3) A person convicted of a felony violation of this subchapter pursuant to subdivision (2) of this section shall be disqualified from engaging in the business of insurance.
(4) “Fraudulent insurance act” means an act or omission committed by a person who, knowingly and with intent to defraud, deceive, conceal, or misrepresent:(G) Issues false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; (H) Possesses or possesses in order to distribute, solicit, sell, negotiate or effectuate false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance to consumers, lienholders or loss payees, insurance agents or producers, or other persons or entities; (I) Possesses any device, software, or printing supplies utilized to manufacture false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; or (J) Falsely holds himself, herself, or itself out as a representative of an insurance company or assists another in furtherance of that misrepresentation to receive a benefit under an insurance claim, contract, or policy;
A person who violates this subchapter is subject to the following: (1)(A) Suspension or revocation of license, civil penalties of up to ten thousand dollars ($10,000) per violation, or both. (B) Suspension or revocation of license and imposition of civil penalties shall be pursuant to an order of the Insurance Commissioner issued under ¤ 23-61-301 et seq. (C) The commissioner’s order may require a person found to be in violation of this subchapter to make restitution to persons aggrieved by violations of this subchapter;
(4) “Fraudulent insurance act” means an act or omission committed by a person who, knowingly and with intent to defraud, deceive, conceal, or misrepresent: (A) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to an insurer, a reinsurer, broker or its agent, or by a broker or agent, false information as part of, in support of, or concerning a fact material to one (1) or more of the following: (iv) Premiums paid on an insurance policy or reinsurance contract;
