2010 Maryland Code
INSURANCE
TITLE 27 - UNFAIR TRADE PRACTICES AND OTHER PROHIBITED PRACTICES
Subtitle 8 - Reporting and Preventing Insurance Fraud
Section 27-802 - Reporting suspected insurance fraud.
§ 27-802. Reporting suspected insurance fraud.
(a) In general.-
(1) An authorized insurer, its employees, fund producers, or insurance producers, a viatical settlement provider, or a viatical settlement broker who in good faith has cause to believe that insurance fraud has been or is being committed shall report the suspected insurance fraud in writing to the Commissioner, the Fraud Division, or the appropriate federal, State, or local law enforcement authorities.
(2) An independent insurance producer shall meet the reporting requirement of this subsection by reporting the suspected insurance fraud in writing to the Fraud Division.
(3) A registered premium finance company shall meet the requirement of this subsection by reporting suspected insurance fraud in writing to the Fraud Division.
(b) Information not subject to public inspection.- In addition to any protection provided under § 10-618 of the State Government Article, any information, documentation, or other evidence provided under this section by an insurer, its employees, fund producers, or insurance producers, a viatical settlement provider, a viatical settlement broker, an independent insurance producer, or a registered premium finance company to the Commissioner, the Fraud Division, or a federal, State, or local law enforcement authority in connection with an investigation of suspected insurance fraud is not subject to public inspection for as long as the Commissioner, Fraud Division, or law enforcement authority considers the withholding to be necessary to complete an investigation of the suspected fraud or to protect the person investigated from unwarranted injury.
(c) Civil liability.- A person is not subject to civil liability for a cause of action by virtue of reporting suspected insurance fraud if:
(1) the report was made to the Commissioner, Fraud Division, or an appropriate federal, State, or local law enforcement authority; and
(2) the person that reported the suspected insurance fraud acted in good faith when making the report.
[An. Code 1957, art. 48A, § 233B; 1997, ch. 35, § 2; 2001, ch. 731, §§ 1, 9; 2002, ch. 19, § 5; 2004, ch. 275; 2005, ch. 369.]
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