Section 375.993

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 2012   

  375.993.  Department's papers, report, evidence not subject to public inspection or subpoena if part of investigation, release, when — no civil liability for filing reports or furnishing information. — 1.  The department's papers, documents, reports, or evidence relative to the subject of an investigation under this section shall not be subject to public inspection for so long as the department deems reasonably necessary to complete the investigation and any subsequent legal action.  Further, such papers, documents, reports, or evidence relative to the subject of an investigation under sections 375.991 to 375.994 shall not be subject to subpoena until opened for public inspection by the department, unless the department consents, or until, after notice to the department and a hearing, the court determines the department would not be unnecessarily hindered by such subpoena.  Department investigators shall not be subject to subpoena in civil actions by any court of this state to testify concerning any matter of which they have knowledge pursuant to a pending insurance fraud investigation by the department.

  2.  No insurer, employees or agents of any insurer, or any other person acting without malice, shall be subject to civil liability of any kind, including for libel and slander by virtue of the filing of reports or furnishing other information required by sections 375.991 to 375.994 or required by the department of commerce and insurance as a result of the authority granted in sections 375.991 to 375.994.  In addition, except when a person knowingly and intentionally communicates false information, no civil cause of action of any nature may arise against such person for any of the following:

  (1)  Any information relating to suspected or anticipated fraudulent insurance acts furnished to or received from law enforcement officials, their agents, and employees;

  (2)  Any information relating to suspected or anticipated fraudulent insurance acts furnished to or received from other persons subject to the provisions of sections 375.991 to 375.994 and this section;

  (3)  Any information relating to suspected or anticipated fraudulent insurance acts furnished in reports to a federal or state governmental agency or office, the National Association of Insurance Commissioners, the National Insurance Crime Bureau, or any other organization established to detect and prevent fraudulent insurance acts, or to their agents, employees, or designees, or a recognized comprehensive database system recognized by the department.  

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Nothing herein is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.

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(L. 1990 H.B. 1739 § 3 subsecs. 5, 6, A.L. 2012 H.B. 1495)