South Dakota Codified Laws 58-4A-13. Immunity for persons furnishing information in good faith–Costs assessed againstperson acting not in good faith–Other privileges and immunities not abrogated
Any person acting in good faith is immune from civil liability for filing a report with or for furnishing any information relating to suspected, anticipated, or completed fraudulent insurance acts to:
(1) The Department of Labor and Regulation and the director of insurance;
Terms Used In South Dakota Codified Laws 58-4A-13
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Any governmental agency established to detect and prevent fraud;
(3) Law enforcement officials;
(4) Deleted by SL 2011, ch 1 (Ex. Ord. 11-1), § 162;
(5) Any insurer or insurance producer;
(6) The National Association of Insurance Commissioners; and
(7) Any nonprofit organization established to detect and prevent insurance fraud, if the organization is approved by the director pursuant to rules promulgated by the director under chapter 1-26 setting forth the standards, criteria, and procedures necessary to obtain approval.
If a civil action is commenced against a person for damages related to the filing of a report or the furnishing of information under this section and the court determines that the person acted in good faith in filing the report or furnishing the information, the person filing the report or furnishing the information may recover costs or disbursements under chapter 15-17, including reasonable attorney’s fees.
If the trier of fact concludes that the person filing the report or furnishing the information was not acting in good faith, the person filing a civil action may recover costs or disbursements under chapter 15-17, including reasonable attorney’s fees.
This section does not abrogate or modify in any way any common law or statutory privilege or immunity.
Source: SL 1999, ch 241, § 13; SL 2001, ch 286, § 68; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.