Texas Insurance Code 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.
Terms Used In Texas Insurance Code 34.002
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(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.