§431:2-301.8  Immunity fromliability.  (a)  No cause of action shall arise nor shall any liability beimposed against any examiner appointed or otherwise designated as an examinerby the commissioner for any statements made or conduct performed in good faithwhile carrying out the provisions of the insurance code.

(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 under theinsurance code, if the act of communication or delivery was performed in goodfaith and without fraudulent intent or the intent to deceive.

(c)  This section does not abrogate nor modifyin any way common law or statutory privilege or immunity heretofore enjoyed byany person identified in subsection (a).

(d)  A person identified in subsection (a)shall be entitled to an award of attorneys' fees and costs if the person is theprevailing party in a civil cause of action for libel, slander, or any otherrelevant tort arising out of activities in carrying out the insurance code, andthe party bringing action is not substantially justified to do so.  For thepurposes of this section, a proceeding is substantially justified if it has areasonable basis in law or fact at the time that it is initiated. [L 1993, c321, pt of §2; am L 2006, c 189, §2]