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MS HB1388

Bill

Status

Failed

2/5/2013

Primary Sponsor

Gary Chism

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Prohibits civil liability and eliminates causes of action against any person or entity for furnishing information about suspected, anticipated, or completed insurance fraud to law enforcement, investigatory, prosecutorial, or regulatory agencies.

  • Exception: Civil liability may apply if false statements were made with actual malice, requiring the plaintiff to plead specific facts supporting actual malice and prove it by clear and convincing evidence.

  • Clarifies that the immunity applies only to the act of reporting and does not protect individuals from liability for committing fraud or other tortious conduct.

  • Amends Mississippi Code Section 83-13-21 to align immunity for insurance companies and agents furnishing fire loss information with the new general insurance fraud reporting immunity provisions.

  • Effective date: July 1, 2013.

Legislative Description

Insurance; prohibit civil liability against a person or entity for reporting insurance fraud.

Last Action

Died In Committee

2/5/2013

Committee Referrals

Insurance1/21/2013

Full Bill Text

No bill text available