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fraudulent viatical or life settlement act is being, will be or has | | been committed shall provide to the superintendent the information | | required by, and in a manner prescribed by, the superintendent.__ | | Any other person having knowledge or a reasonable belief that a | | fraudulent viatical or life settlement act is being, will be or has | | been committed may provide to the superintendent the information | | required by, and in a manner prescribed by, the superintendent. |
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| | | 4.__Immunity from liability.__Except as provided in subsection | | 5, civil liability may not be imposed on and a cause of action | | may not arise from a person's furnishing information concerning | | suspected, anticipated or completed fraudulent viatical or life | | settlement acts or suspected or completed fraudulent insurance | | acts if the information is provided to or received from: |
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| | | A. The superintendent or the superintendent's employees, | | agents or representatives; |
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| | | B. Federal, state or local law enforcement or regulatory | | officials or their employees, agents or representatives; |
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| | | C.__The National Association of Insurance Commissioners or | | its successor organization, National Association of | | Securities Dealers or its successor organization, the North | | American Securities Administrators Association or its | | successor organization, or their employees, agents or | | representatives of these organization, or other regulatory | | body overseeing life insurance, settlements securities or | | investment fraud; |
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| | | D. A person involved in the prevention and detection of | | fraudulent viatical or life settlement acts or that person's | | agents, employees or representatives; or |
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| | | E.__The life insurer that issued the life insurance policy | | covering the life of the insured. |
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| | | 5.__Exception.__The following provisions apply to the | | imposition of civil liability arising from information provided | | to or received from the superintendent or the superintendent's | | employees, agents or representatives. |
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| | | A. Subsection 4 does not apply to statements made with actual | | malice. In an action brought against a person for filing a report | | or furnishing other information concerning a fraudulent viatical | | or life settlement act or a fraudulent insurance act, the party | | bringing the action shall plead specifically any allegation that | | subsection 4 |
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