34-32A-7. Immunity from liability of insurer or governmental agency releasing information.
Any insurance company, person acting in its behalf, or authorized agency who releases information, whether oral or written, pursuant to §§34-32A-2 to 34-32A-5, inclusive, shall be immune from civil liability or criminal prosecution. "Immune," as used in this section, means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to §§34-32A-2 to 34-32A-8, inclusive, if actual malice, bad faith or situations involving compounding on the part of the insurance company or authorized agency against the insured is not present.
Source: SL 1979, ch 240, §§1(5), 6.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 32A - Exchange Of Fire Loss Information
Section 34-32A-1 - Definition of terms.
Section 34-32A-3 - Information required of insurer by governmental agency investigating fire loss.
Section 34-32A-4 - Exchange of information between governmental agencies.
Section 34-32A-5 - Insurer obtaining information from governmental agency.
Section 34-32A-6 - Notice to policy holder of request for information.
Section 34-32A-7 - Immunity from liability of insurer or governmental agency releasing information.
Section 34-32A-9 - Arson control laws unimpaired--Concurrent jurisdiction.