1. Except as otherwise provided in subsection 2, a person furnishing information of the kind described in NRS 688C.460 is immune from liability and civil action if the information is furnished to or received from:
- (a) The Commissioner or the employees, agents or representatives of the Commissioner;
- (b) Another federal, state or local law enforcement or regulatory officer or his or her employees, agents or representatives;
- (c) Another person involved in the prevention or detection of violations of NRS 688C.450 or similar offenses or the employees, agents or representatives of the person;
- (d) The National Association of Insurance Commissioners or other regulatory body overseeing life insurance or viatical settlements, or its employees, agents or representatives; or
- (e) The insurer that issued the policy concerned in the information.
- 2. The immunity provided in subsection 1 does not extend to a statement made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a violation of NRS 688C.450, the plaintiff must plead specifically that the defendant acted with actual malice.
- 3. This section does not supplant or modify any other privilege or immunity at common law or under another statute enjoyed by a person described in subsection 1.
4. Except as otherwise provided in subsection 5, a person furnishing information as described in subsection 1 is entitled to an award of attorney’s fees and costs if:
- (a) The person is a defendant in a civil case arising out of activities performed in carrying out the provisions of this section;
- (b) The cause of action in the case is for libel, slander or any other relevant tort;
- (c) The person is the prevailing party in the case; and
- (d) The person bringing the action is not substantially justified in doing so.
- 5. A person furnishing information relating to the person’s own fraudulent acts as they relate to a viatical settlement is not entitled to an award pursuant to subsection 4.
(Added to NRS by 2001, 2178; A 2009, 1805)