MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Chism
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, INSURER OR STATUTORY RESIDUAL MARKET PLAN; 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 or completed insurance fraud to any law enforcement, investigatory, prosecutorial or regulatory agent or agency, insurer, or statutory residual market plan. 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 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.