N.Y.
Insurance Law Section 3432
Immunity
- reports to certain public officials and to designated organizations
(a)
In the absence of fraud or bad faith, there shall be no liability on the part of, and no cause of action of any nature shall arise against, an insurer or a hospital or any person acting on their behalf, with respect to obligations and duties performed pursuant to the sections referred to in subsection (b) hereof.(b)
The immunity shall apply to:(1)
reports and statements, made in good faith, to the commissioner of motor vehicles required by subsection (l) of § 3411 (Automobile physical damage insurance covering private passenger automobiles)section three thousand four hundred eleven of this article;(2)
information, reports, notification and assistance in investigations, made in the absence of fraud or bad faith, pursuant to § 3412 (Automobile physical damage insurance covering private passenger automobiles)section three thousand four hundred twelve of this article and this immunity extends to a central organization designated by the superintendent pursuant to such section or any person acting on its behalf;(3)
reports required by § 315 (Professional malpractice or misconduct)section three hundred fifteen of this chapter, made in good faith (which shall be presumed) and without malice, and this immunity includes any liability, civil or criminal;(4)
information, reports, assistance in investigations, notification, made in the absence of fraud or bad faith, to any authorized law enforcement agency pursuant to § 319 (Release of information resulting from insurers’ investigation of fires)section three hundred nineteen of this chapter, and this immunity, civil or criminal, extends to an authorized law enforcement agency defined in such section or any person acting on its behalf; and(5)
reports required by § 318 (Reports of fire losses)section three hundred eighteen of this chapter, made in the absence of fraud or bad faith, to a central organization designated by the superintendent, and this immunity extends to the central organization or any person acting on its behalf.(6)
information required by the insurer or provided by the insurer in the absence of fraud or bad faith to a local fire investigation agency pursuant to § 3415 (Supplemental claim form to be submitted for certain fire loss claims in excess of ten thousand dollars in a city with a population of one...)section three thousand four hundred fifteen of this article.
Source:
Section 3432 — Immunity; reports to certain public officials and to designated organizations, https://www.nysenate.gov/legislation/laws/ISC/3432 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
