Immunity laws
PENNSYLVANIA
Title 40. Insurance
Chapter 2. Insurance Companies
Article Iii. General Provisions Relating To Insurance Companies,
Associations, And Exchanges
ß 474.1. Immunity from liability
(a) In the absence of fraud or bad faith, no person or his employes or agents shall be subject to civil liability and no civil cause of action shall arise against any of them for any of the following:
(1) Information relating to suspected fraudulent insurance acts furnished by them to or received from law enforcement officials, their agents and employes.
(2) Information relating to suspected fraudulent insurance acts furnished by them to or received from other persons subject to the provisions of this act.
(3) Information furnished by them in reports to the Insurance Department, National Association of Insurance Commissioners or another organization established to detect and prevent fraudulent insurance acts, their agents, employes or designees.
(b) The Insurance Commissioner and employes of the Insurance Department, in the absence of fraud or bad faith, shall not be subject to civil liability. No civil cause of action shall arise against any of them by virtue of the publication of a report or bulletin related to the official activities of the Insurance Department.
(c) Nothing in this section is intended to abrogate or modify a common law or statutory immunity heretofore enjoyed by any person.
(d) As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Absence of bad faith" means without serious doubt that the information furnished or received, or the report or bulletin published, is not true.
"Absence of fraud" means without knowledge that the information furnished or received, or the report or bulletin published, is not true.
"Fraudulent insurance act" means an act committed by a person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer or broker, or an agent of an insurer, purported insurer or broker, a written statement as part or in support of an application for the issuance or rating of an insurance policy for commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which he knows to contain materially false information concerning a fact material to the statement or claim or to conceal, for the purpose of misleading, information concerning a fact material to the statement or claim.
