Immunity laws
KENTUCKY
Title Xxv. Business And Financial Institutions
Chapter 304. Insurance Code
Subtitle 47. Insurance Fraud
304.47-060 IMMUNITY OF INFORMANT AND OF DEPARTMENT EMPLOYEES; DOCUMENTS NOT OPEN TO INSPECTION
(1) In the absence of malice, fraud, or gross negligence, a person shall not be subject to civil liability for libel, slander, or any other relevant tort by virtue of filing reports or furnishing other information required by this chapter or requested by the Division of Insurance Fraud Investigation or its authorized representative. No civil cause of action of any nature shall arise against the person:
(a) For any information relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials, their agents, or employees;
(b) For any information relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of this subtitle, including those designated by KRS 304.47-080;
(c) For any information furnished to or received from the Department of Workers' Claims, its agents, or employees; or
(d) For any information furnished in reports to the commissioner or the National Association of Insurance Commissioners.
(2) The commissioner or any employee or agent of the Department of Insurance shall not be subject to civil liability for libel, slander, or any other relevant tort. No civil cause of action shall exist against these persons by virtue of the execution of official activities or duties of the commissioner or the division or by virtue of the publication of any report or bulletin related to the official activities or duties of the commissioner.
(3) This subtitle shall not abrogate or modify any common law or statutory privilege or immunity enjoyed by any person.
(4) The papers, documents, reports, or evidence relative to the subject of an investigation under this subtitle shall not be subject to public inspection for so long as the commissioner deems reasonably necessary to complete the investigation, to protect the person investigated from unwarranted injury, or to be in the public interest. Further, the papers, documents, reports, or evidence relative to the investigations shall not be subject to subpoena until opened for public inspection by the commissioner, unless the commissioner consents, or until, after notice to the commissioner and a hearing, a court of competent jurisdiction determines the commissioner would not be unnecessarily hindered by a subpoena. The commissioner or his employees or agents 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 pending investigations of fraudulent insurance acts.
