Ohio § 3999.31

§ 3999.31.

(A) As used in this section: (1) “ 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, broker, or any agent thereof, any written

statement as part of, or in support of, an application for the issuance of, or the

rating of a policy or contract for property insurance, casualty insurance, life insurance,

sickness and accident insurance, or an annuity, or a claim for payment or other benefit

pursuant to such a policy or contract, that the person knows to contain materially

false information concerning any fact material thereto, or conceals, for the purpose

of misleading, information concerning any fact material thereto. “ Fraudulent insurance act ” also includes any such written statement, claim, or concealment in relation to such

an insurance policy or contract that constitutes a criminal offense under Title XXIX

or XXXIX of the Revised Code. (2) “ Person ” includes, but is not limited to, the superintendent of insurance, the national association

of insurance commissioners, any insurer, any organization established to detect or

prevent fraudulent insurance acts, and any officer, director, trustee, representative,

agent, broker, or employee of the superintendent, association, insurer, organization,

or person. (B) In the absence of fraud or bad faith, no person is subject to liability for damages

or any other civil liability for libel, slander, or other relevant tort cause of action

by virtue of filing reports, without malice, or furnishing other information, without

malice, required under Title XXXIX of the Revised Code or required by the superintendent

under authority granted by that title, and no liability for damages or any other civil

cause of action of any nature arises against a person for providing or receiving information

relating to suspected fraudulent insurance acts that is furnished to or received from

any of the following: (1) Any law enforcement official, or any agent or employee of such official; (2) Other persons subject to the provisions of Title XXXIX of the Revised Code; (3) The superintendent and any designee of the superintendent, any insurance frauds bureau,

the national association of insurance commissioners, or any organization established

to detect and prevent fraudulent insurance acts; (4) Any other person involved in the detection or prevention of fraudulent insurance

acts. (C) The superintendent and any designee of the superintendent, or any insurance frauds

bureau, in the absence of malice, fraud, or bad faith, is not subject to civil liability

for libel, slander, or other relevant tort and no civil cause of action of any nature

arises against such a person by virtue of the publication of any report or bulletin

related to the official activities of the superintendent or of any insurance frauds

bureau in relation to fraudulent insurance acts. (D) Nothing in this section is intended to abrogate or modify in any way any common law

or statutory privilege or immunity enjoyed by any person. (E) Nothing in this section shall be construed to negate, supersede, or otherwise affect section 3911.06 , 3911.07 , 3915.05 , or 3923.04 of the Revised Code . (F) This section may be cited as the conference of insurance legislators/national association

of insurance commissioners model immunity act.