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Immunity laws

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Insurance Code

Title 1. The Insurance Code Of 1951

Chapter One— The Board, Its Powers And Duties

Art. 1.10d. Insurance Fraud Unit

Immunity

Sec. 6. (a) A person acting without malice, fraudulent intent, or bad faith is not subject to liability based on filing reports or furnishing, orally or in writing, other information concerning suspected, anticipated, or completed fraudulent insurance acts if the reports or information are provided to:

(1) a law enforcement officer or an agent or employee of a law enforcement officer;

(2) the National Association of Insurance Commissioners, 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 that association or governmental agency; or

(3) an authorized governmental agency or the department.

(b) A person to whom Subsection (a) of this section applies or an employee or agent of such a person when performing an authorized activity, including the publication or dissemination of any related bulletin or reports, and while acting without malice, fraudulent intent, or bad faith, is not subject to civil liability for libel, slander, or any other relevant tort, and a civil cause of action of any nature may not exist against that person based on those activities.

(c) This section does not affect or modify any common law or statutory privilege or immunity.

(d) A person to whom Subsection (a) of this section applies or an employee or agent of such a person is entitled to an award of attorney's fees and costs if the person, employee, or agent is a prevailing party in a civil cause of action for libel, slander, or any other relevant tort based on activities performed under Subsection (a) of this section.

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