| | | 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 organizations, 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 does not apply | | because the person filing the report or furnishing the | | information did so with actual malice. |
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| | | B.__Subsection 4 does not apply to a person's furnishing | | information concerning that person's own suspected, | | anticipated or completed fraudulent viatical or life | | settlement acts or suspected or completed fraudulent | | insurance acts. |
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