Oklahoma § 36-363 - Notification of suspected fraud - Immunity

§ 36-363. Notification of suspected fraud - Immunity

A. Any insurer, employee or agent of any insurer who has reason

to believe that a person or entity has engaged in or is engaging in

an act or practice that violates any statute or administrative rule

of this state related to insurance fraud shall immediately notify

the Anti-Fraud Unit of the Insurance Department and, in the case of

an allegation of claimant fraud, the Workers' Compensation and

Insurance Fraud Unit of the Office of the Attorney General.

B. No insurer, employee or agent of an insurer, or any other

person acting in the absence of fraud, bad faith, reckless disregard

for the truth, or actual malice shall be subject to civil liability

for libel, slander or any other relevant tort or subject to criminal

prosecution by virtue of filing of reports or furnishing other

information either orally or in writing, concerning suspected,

anticipated or completed fraudulent insurance acts to the Anti-Fraud

Division of the Insurance Department or the Workers' Compensation

and Insurance Fraud Unit of the Office of the Attorney General

pursuant to subsection A of this section or to any other agency

involved in the investigation or prosecution of suspected insurance

fraud.

C. No civil or criminal cause of action of any nature shall

exist against the person or entity by virtue of filing of reports or

furnishing other information, either orally or in writing,

concerning suspected, anticipated or completed fraudulent insurance

acts to the Anti-Fraud Division of the Insurance Department pursuant

Oklahoma Statutes - Title 36. Insurance

to subsection A of this section or to any other agency involved in

the investigation or prosecution of suspected insurance fraud. The

immunity provided in this subsection shall extend to the act of

providing or receiving information or reports to or from:

1. Law enforcement officials, their agents and employees;

2. The National Association of Insurance Commissioners, any

state department of insurance, any federal or state agency or bureau

established to detect and prevent fraudulent insurance activities,

as well as any other organization established for the same purpose,

their agents, employees or designees; and

3. Any organization or person involved in the prevention and

detection of fraudulent insurance activities or that organization or

person's employees, agents, or representatives.

The immunity provided in this subsection shall not extend to any

person, insurer, or agent of an insurer for communications or

publications about suspected insurance fraud to any other person or

entity.

Added by Laws 1999, c. 344, § 3, emerg. eff. June 8, 1999. Amended

by Laws 2012, c. 175, § 1, emerg. eff. May 1, 2012; Laws 2012, c.

235, § 5, eff. July 1, 2012.