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

(b)  No cause of action shall arise, nor shallany liability be imposed against any person for the act of communicating ordelivering information or data to the commissioner or the commissioner'sauthorized representative or examiner pursuant to an examination made underthis chapter, if the act of communication or delivery was performed in goodfaith and without fraudulent intent or the intent to deceive.  This subsectiondoes not abrogate or modify in any way any common law or statutory privilege orimmunity 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 isthe prevailing party in a civil cause of action for libel, slander, or anyother relevant tort arising out of activities in carrying out the provisions ofthis chapter and the party bringing the action was not substantially justified indoing so. For purposes of this section, a proceeding is "substantiallyjustified" if it had a reasonable basis in law or fact at the time that itwas initiated. [L 2008, c 177, pt of §1]