Z-569                 _______________________________________________

                                                    HOUSE BILL NO. 140

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Lux, P. King, Nutley, Holland and Ferguson; by request of Insurance Commissioner

Read first time 1/19/87 and referred to Committee on Financial Institutions & Insurance.

AN ACT Relating to insurance; and adding a new section to chapter 48.01 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 48.01 RCW to read as follows:

          (1) No person, acting without malice in the absence of fraud or bad faith, is subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature may arise against such a person by virtue of the person's filing reports or furnishing other information required by this code or required by the commissioner under the authority granted in this code, or useful to the commissioner in the administration of the insurance code.

          (2) No person, acting without malice in the absence of fraud or bad faith, is subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature may arise against such a person with respect to any information (a) furnished to or received from law enforcement officials or their agents or employees, or (b) furnished to or received from persons subject to the provisions of this code, or (c) furnished to or received from the National Association of Insurance Commissioners or its agents or employees.

          (3) Neither the commissioner nor the National Association of Insurance Commissioners, nor agents or employees of either, acting without malice in the absence of fraud or bad faith, is subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature may arise against such a person, by virtue of the publication of any report or bulletin related to the official activities of the commissioner or the National Association of Insurance Commissioners.

          (4) The immunity granted by this section is in addition to any common law or statutory privilege or immunity enjoyed by any such person, and nothing in this section is intended to abrogate or modify in any way any such common law or statutory privilege or immunity.