§ 27-802. Reporting suspected insurance fraud

   (a) In general. --

   (1) An authorized insurer, its employees, fund producers, insurance producers, a viatical settlement provider, or a viatical settlement broker who in good faith has cause to believe that insurance fraud has been or is being committed shall report the suspected insurance fraud in writing to the Commissioner, the Fraud Division, or the appropriate federal, State, or local law enforcement authorities.

   (2) An independent insurance producer shall meet the reporting requirement of this subsection by reporting the suspected insurance fraud in writing to the Fraud Division.

   (3) A registered premium finance company shall meet the requirement of this subsection by reporting suspected insurance fraud in writing to the Fraud Division.

(b) Information not subject to public inspection. -- In addition to any protection provided under § 10-618 of the State Government Article, any information, documentation, or other evidence provided under this section by an insurer, its employees, fund producers, or insurance producers, a viatical settlement provider, a viatical settlement broker, an independent insurance producer, or a registered premium finance company to the Commissioner, the Fraud Division, or a federal, State, or local law enforcement authority in connection with an investigation of suspected insurance fraud is not subject to public inspection for as long as the Commissioner, Fraud Division, or law enforcement authority considers the withholding to be necessary to complete an investigation of the suspected fraud or to protect the person investigated from unwarranted injury.

(c) Civil liability. -- A person is not subject to civil liability for a cause of action by virtue of reporting suspected insurance fraud, or furnishing or receiving information relating to suspected, anticipated, or completed fraudulent insurance acts, if:

   (1) the report was made, or the information was furnished to or received from:

      (i) the Commissioner, Fraud Division, or an appropriate federal, State, or local law enforcement authority;

      (ii) the National Association of Insurance Commissioners or its agent, employee, or designee;

      (iii) a not-for-profit organization established to detect and prevent fraudulent insurance acts or its agent, employee, or designee;

      (iv) a person that contracts to provide special investigative unit services to an insurer; or

      (v) a provider of a recognized comprehensive database system that the Commissioner approves to monitor activities involving insurance fraud or an employee of the provider; and

   (2) the person that reported the suspected insurance fraud, or furnished or received the information, acted in good faith when making the report or furnishing or receiving the information.

HISTORY: An. Code 1957, art. 48A, § 233B; 1997, ch. 35, § 2; 2001, ch. 731, § 1, 9; 2002, ch. 19, § 5; 2004, ch. 275; 2005, ch. 369; 2012, chs. 590, 591.