[§431:2-408]  Civil cause of actionfor insurance fraud; exemption.  (a)  An insurer or other licensee shallhave a civil cause of action to recover payments or benefits from any personwho has violated section 431:2-403; provided that no recovery shall be allowedif 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 civilliability for providing information, including filing a report, furnishingoral, written, audiotaped, videotaped, or electronic media evidence, providingdocuments, or giving testimony concerning suspected, anticipated, or completedinsurance fraud to:

(1)  A court;

(2)  The commissioner;

(3)  The branch;

(4)  The National Association of InsuranceCommissioners;

(5)  The National Insurance Crime Bureau;

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

(7)  Another insurer or other licensee,

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

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