[§431:2-408]  Civil cause of action
for insurance fraud; exemption.  (a)  An insurer or other licensee shall
have a civil cause of action to recover payments or benefits from any person
who has violated section 431:2-403; provided that no recovery shall be allowed
if the person has made restitution pursuant to section 431:2-404 or 431:2-405(b)(1).



(b)  A person, insurer, or other licensee,
including an insurer's or other licensee's adjusters, bill reviewers,
producers, representatives, or common-law agents shall not be subject to civil
liability for providing information, including filing a report, furnishing
oral, written, audiotaped, videotaped, or electronic media evidence, providing
documents, or giving testimony concerning suspected, anticipated, or completed
insurance fraud to:



(1)  A court;



(2)  The commissioner;



(3)  The branch;



(4)  The National Association of Insurance
Commissioners;



(5)  The National Insurance Crime Bureau;



(6)  Any federal, state, or county law enforcement or
regulatory agency; or



(7)  Another insurer or other licensee,



if acting without actual malice and if the
information is provided for the purpose of preventing, investigating, or
prosecuting insurance fraud, except if the person commits perjury.



(c)  Civil actions for insurance fraud under
this part shall be filed within six years after the insurance fraud is
discovered or should have been discovered by exercise of reasonable diligence;
provided that no civil action shall be filed more than ten years after the date
on which a violation of this part is committed. [L 2009, c 149, pt of §2]