The exemption from civil liability in section 2 of this chapter does not apply to:

1. (1) any injury, loss, or death that:

   1. (A) occurs during an inspection; and
   2. (B) is proximately caused by the negligence of the insurer or its agent, employee, or service contractor;
2. (2) an inspection that is required under a written service contract; or

3. (3) any injury, loss, or death proximately caused by an act or omission that constitutes:

   1. (A) a criminal offense;
   2. (B) gross negligence; or

   3. (C) willful or wanton misconduct.

      [Pre-1998 Recodification Citation: 34-4-12.7-2(b).]

As added by P.L.1-1998, SEC.26.