S.D. Codified Laws § 58-4A-13

Current through the 2024 Legislative Session

Section 58-4A-13 - Immunity for persons furnishing information in good faith-Costs assessed against person acting not in good faith-Other privileges and immunities not abrogated

Any person acting in good faith is immune from civil liability for filing a report with or for furnishing any information relating to suspected, anticipated, or completed fraudulent insurance acts to:

(1) The Department of Labor and Regulation and the director of insurance;

(2) Any governmental agency established to detect and prevent fraud;

(3) Law enforcement officials;

(4) Deleted by SL 2011, ch 1 (Ex. Ord. 11-1), § 162;

(5) Any insurer or insurance producer;

(6) The National Association of Insurance Commissioners; and

(7) Any nonprofit organization established to detect and prevent insurance fraud, if the organization is approved by the director pursuant to rules promulgated by the director under chapter 1-26 setting forth the standards, criteria, and procedures necessary to obtain approval.

If a civil action is commenced against a person for damages related to the filing of a report or the furnishing of information under this section and the court determines that the person acted in good faith in filing the report or furnishing the information, the person filing the report or furnishing the information may recover costs or disbursements under chapter 15-17, including reasonable attorney's fees.

If the trier of fact concludes that the person filing the report or furnishing the information was not acting in good faith, the person filing a civil action may recover costs or disbursements under chapter 15-17, including reasonable attorney's fees.

This section does not abrogate or modify in any way any common law or statutory privilege or immunity.

SDCL 58-4A-13

SL 1999, ch 241, §13; SL 2001, ch 286, §68; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.