[§431E-16]  Immunity from liability. 
(a)  No cause of action shall arise nor shall any liability be imposed against
the commissioner, the commissioner's authorized representatives, or any
examiner appointed by the commissioner for any statements made or conduct
performed in good faith while carrying out the provisions of this chapter.



(b)  No cause of action shall arise, nor shall
any liability be imposed against any person for the act of communicating or
delivering information or data to the commissioner or the commissioner's
authorized representative or examiner pursuant to an examination made under
this chapter, if the act of communication or delivery was performed in good
faith and without fraudulent intent or the intent to deceive.  This subsection
does not abrogate or modify in any way any common law or statutory privilege or
immunity heretofore enjoyed by any person identified in subsection (a).



(c)  A person identified in subsection (a) or
(b) shall be entitled to an award of attorney's fees and costs if the person is
the prevailing party in a civil cause of action for libel, slander, or any
other relevant tort arising out of activities in carrying out the provisions of
this chapter and the party bringing the action was not substantially justified in
doing so. For purposes of this section, a proceeding is "substantially
justified" if it had a reasonable basis in law or fact at the time that it
was initiated. [L 2008, c 177, pt of §1]