Bill Text: MS SB2128 | 2014 | Regular Session | Introduced
Bill Title: Insurance; prohibit civil liability against a person or entity for reporting insurance fraud.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2128 Detail]
Download: Mississippi-2014-SB2128-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Insurance; Judiciary, Division B
By: Senator(s) Kirby
Senate Bill 2128
AN ACT TO PROHIBIT CIVIL LIABILITY AGAINST A PERSON OR ENTITY FOR FURNISHING INFORMATION CONCERNING INSURANCE FRAUD TO ANY LAW ENFORCEMENT, INVESTIGATORY, PROSECUTORIAL OR REGULATORY AGENT OR AGENCY; TO AMEND SECTION 83-13-21, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Except as otherwise provided in subsection (2) of this section, there shall be no civil liability imposed on and no cause of action shall arise against a person or entity for furnishing information concerning suspected, anticipated or completed insurance fraud to any law enforcement, investigatory, prosecutorial or regulatory agent or agency. This shall not abrogate or modify common law or statutory privileges or immunities enjoyed by a person or entity. The prohibition of civil liability applies only to the act of reporting and does not limit civil liability against a person or entity for committing fraud or other tortious conduct.
(2) Subsection (1) of this section shall not apply to claims against persons where false statements were made with actual malice by persons furnishing information concerning suspected, anticipated or completed insurance fraud. Any civil action brought against a person for filing a report or furnishing other information concerning insurance fraud shall be dismissed unless the party bringing the action has pleaded specifically that subsection (1) does not apply because the person filing the report or furnishing the information did so with actual malice, and has pleaded specifically facts that support a claim of actual malice. The person bringing such civil action has a burden to prove actual malice by clear and convincing evidence.
(3) For purposes of this section, insurance fraud is committed if a person 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, a purported insurer, or any producer thereof, any written statement as part or in support of an application of the issuance or the rating of an insurance policy or a claim for payment or other benefit pursuant to an insurance policy that he knows to contain false information concerning any fact material thereto or if he knowingly and with intent to defraud or mislead conceals information concerning any fact material thereto.
SECTION 2. Section 83-13-21, Mississippi Code of 1972, is amended as follows:
83-13-21. (1) The State Chief Deputy Fire Marshal, the Commissioner of Insurance or any other authorized law enforcement authority charged with the responsibility of investigating a fire loss of real or personal property which may have resulted from a fire of incendiary origin may require, in writing, any insurance company insuring the loss under investigation to release any information in its possession which is pertinent to such a loss. The information shall include, but is not limited to:
(a) Any insurance policy relevant to a fire loss under investigation and any application for such a policy;
(b) Policy premium payment records;
(c) History of previous claims made by the insured for fire loss; and
(d) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant information or evidence.
(2) * * * Any insurance
company or agent thereof who furnishes information on its behalf shall be
immune from liability for damages in a civil action * * * as provided in Section 1 of this act.
(3) As used in this chapter, "insurance company" shall include the Mississippi Insurance Underwriting Association.
(4) Any insurance company providing information to an authorized agency pursuant to subsection (1) of this section, or any owner, insured tenant or resident of property which is the subject of a report, shall have the right to request of such agency relevant information in accordance with Section 45-11-1.
(5) Any insurance company that willfully violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) and the Commissioner of Insurance may revoke the license of such company to transact the business of insurance in this state.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
