| 1 | 1 | | HOUSE BILL NO. 5192 A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 4509 (MCL 500.4509), as added by 1995 PA 276. the people of the state of michigan enact: Sec. 4509. (1) A person acting without malice is not subject to liability for filing a report or requesting or furnishing orally or in writing other information concerning suspected or completed insurance fraud under this chapter, if the reports or information are provided to or received from the insurance bureau, the national association of insurance commissioners, National Association of Insurance Commissioners, the National Insurance Crime Bureau, any federal, state, or governmental agency established to detect and prevent insurance fraud, as well as or any other organization, and their agents, employees, or designees, unless that person knows that the report or other information contains false information pertaining to any material fact or thing. (2) In a prosecution for perjury or insurance fraud, and in the absence of malice, an insurer, or any officer, employee, or agent of an insurer, or any private person who cooperates with, or who furnishes evidence , or provides or receives information regarding suspected insurance fraud to or from an authorized agency, the national association of insurance commissioners, National Association of Insurance Commissioners, the National Insurance Crime Bureau, or any organization, or who complies with an order issued by a court acting in response to a request by any of these entities to provide evidence or testimony, is not subject to civil liability with respect to any act concerning the suspected insurance fraud that the person testifies to or produces relevant matter about, unless that person knows that the evidence, information, testimony, or other matter contains false information pertaining to any material fact or thing. (3) In the absence of malice, an insurer, or any officer, employee, or agent of an insurer, or any person who cooperates with, or who furnishes evidence , or provides information regarding suspected insurance fraud to an authorized agency, the national association of insurance commissioners, National Association of Insurance Commissioners, the National Insurance Crime Bureau, or any organization, or who complies with an order issued by a court of competent jurisdiction acting in response to a request by any of these entities to furnish evidence or provide testimony, is not subject to civil liability for libel, slander, or any other tort, and a civil cause of action of any nature does not exist against the person , for filing a report, providing information, or otherwise cooperating with an investigation or examination of any of these entities, unless that person knows that the evidence, information, testimony, or matter contains false information pertaining to any material fact or thing. (4) The authorized agency, the national association of insurance commissioners, National Association of Insurance Commissioners, the National Insurance Crime Bureau, or any organization, and any employee or agent of any of these entities, when acting without malice, is not subject to civil liability for libel, slander, or any other tort, and a civil cause of action of any nature does not exist against the person for official activities or duties of the entity because of the publication of any report or bulletin related to the entity's official activities or duties, unless the report or bulletin contains false information concerning any material fact or thing and the authorized agency, the national association of insurance commissioners, an National Association of Insurance Commissioners, the National Insurance Crime Bureau, the organization, or an employee or agent of these entities knows that the information is false. (5) This section does not abrogate or modify in any way common law or statutory privilege or immunity otherwise available to any person or entity. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | |
|---|
| 25 | 25 | | HOUSE BILL NO. 5192 |
|---|
| 26 | 26 | | |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | |
|---|
| 29 | 29 | | A bill to amend 1956 PA 218, entitled |
|---|
| 30 | 30 | | |
|---|
| 31 | 31 | | "The insurance code of 1956," |
|---|
| 32 | 32 | | |
|---|
| 33 | 33 | | by amending section 4509 (MCL 500.4509), as added by 1995 PA 276. |
|---|
| 34 | 34 | | |
|---|
| 35 | 35 | | the people of the state of michigan enact: |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | Sec. 4509. (1) A person acting without malice is not subject to liability for filing a report or requesting or furnishing orally or in writing other information concerning suspected or completed insurance fraud under this chapter, if the reports or information are provided to or received from the insurance bureau, the national association of insurance commissioners, National Association of Insurance Commissioners, the National Insurance Crime Bureau, any federal, state, or governmental agency established to detect and prevent insurance fraud, as well as or any other organization, and their agents, employees, or designees, unless that person knows that the report or other information contains false information pertaining to any material fact or thing. |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | (2) In a prosecution for perjury or insurance fraud, and in the absence of malice, an insurer, or any officer, employee, or agent of an insurer, or any private person who cooperates with, or who furnishes evidence , or provides or receives information regarding suspected insurance fraud to or from an authorized agency, the national association of insurance commissioners, National Association of Insurance Commissioners, the National Insurance Crime Bureau, or any organization, or who complies with an order issued by a court acting in response to a request by any of these entities to provide evidence or testimony, is not subject to civil liability with respect to any act concerning the suspected insurance fraud that the person testifies to or produces relevant matter about, unless that person knows that the evidence, information, testimony, or other matter contains false information pertaining to any material fact or thing. |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | (3) In the absence of malice, an insurer, or any officer, employee, or agent of an insurer, or any person who cooperates with, or who furnishes evidence , or provides information regarding suspected insurance fraud to an authorized agency, the national association of insurance commissioners, National Association of Insurance Commissioners, the National Insurance Crime Bureau, or any organization, or who complies with an order issued by a court of competent jurisdiction acting in response to a request by any of these entities to furnish evidence or provide testimony, is not subject to civil liability for libel, slander, or any other tort, and a civil cause of action of any nature does not exist against the person , for filing a report, providing information, or otherwise cooperating with an investigation or examination of any of these entities, unless that person knows that the evidence, information, testimony, or matter contains false information pertaining to any material fact or thing. |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | (4) The authorized agency, the national association of insurance commissioners, National Association of Insurance Commissioners, the National Insurance Crime Bureau, or any organization, and any employee or agent of any of these entities, when acting without malice, is not subject to civil liability for libel, slander, or any other tort, and a civil cause of action of any nature does not exist against the person for official activities or duties of the entity because of the publication of any report or bulletin related to the entity's official activities or duties, unless the report or bulletin contains false information concerning any material fact or thing and the authorized agency, the national association of insurance commissioners, an National Association of Insurance Commissioners, the National Insurance Crime Bureau, the organization, or an employee or agent of these entities knows that the information is false. |
|---|
| 44 | 44 | | |
|---|
| 45 | 45 | | (5) This section does not abrogate or modify in any way common law or statutory privilege or immunity otherwise available to any person or entity. |
|---|