1995 - 1996 LEGISLATURE
October 3, 1995 - Introduced by Senators Schultz, Rosenzweig, Huelsman,
Buettner, Darling, Fitzgerald, Welch, Zien and Breske, cosponsored by
Representatives Albers, Freese, Silbaugh, Ourada, Seratti, Powers, Otte,
Ainsworth, Lorge, Ladwig, Hahn, Dobyns, Kreibich, Johnsrud, Lehman,
Ryba, Hanson and
Cullen. Referred to Committee on Insurance.
SB361,1,2
1An Act to create 895.486 of the statutes;
relating to: immunity for persons who
2report insurance fraud.
Analysis by the Legislative Reference Bureau
This bill creates civil immunity for any person who files a report or furnishes
information concerning insurance fraud to the groups concerned about insurance
fraud, including the office of the commissioner of insurance, law enforcement
officers, organizations established to detect and prevent insurance fraud and
representatives of insurers that request the information. Under the bill, any
information furnished by the person is confidential and may be made public only if
required in a civil or criminal action. The bill allows a person who is immune from
civil liability for furnishing information to collect costs, including attorney fees, if a
civil action is commenced against the person for the furnishing of information.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB361, s. 1
3Section
1. 895.486 of the statutes is created to read:
SB361,2,2
4895.486 Civil immunity exemption; reports of insurance fraud. (1) In
5this section, "insurance fraud" means the presentation of any statement, document
6or claim, or the preparation of a statement, document or claim with the knowledge
7that the statement, document or claim will be presented, that the person knew or
1should have known contained materially false, incomplete or misleading
2information concerning any of the following:
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(a) An application for the issuance of an insurance policy.
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(b) A claim for payment, reimbursement or benefits payable under an
5insurance policy.
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(c) A payment made in accordance with the terms of an insurance policy.
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(d) A premium on an insurance policy.
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(e) The rating of an insurance policy.
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9(2) Any person who, absent malice, files a report with or furnishes information
10concerning suspected, anticipated, or completed insurance fraud is immune from
11civil liability for his or her acts or omissions in filing the report or furnishing the
12information to any of the following:
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(a) The office of the commissioner of insurance.
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(b) A law enforcement officer.
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(c) The National Association of Insurance Commissioners.
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(d) Any governmental agency established to detect and prevent insurance
17fraud.
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(e) Any nonprofit organization established to detect and prevent insurance
19fraud.
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(f) Any authorized representative of an insurer that requests the report or
21information for the purpose of detecting, prosecuting or preventing insurance fraud.
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22(3) Any information furnished by an insurer in response to a report or
23information furnished under sub. (2) is confidential and may be made public only if
24required in a civil or criminal action.
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1(4) If a civil action is commenced against a person for damages related to the
2filing of a report or the furnishing of information under sub. (2) and the court
3determines that the person is immune from civil liability for his or her acts or
4omissions in filing the report or furnishing the information, the person filing the
5report or furnishing the information shall recover costs under ch. 814 and,
6notwithstanding s. 814.04 (1), reasonable attorney fees.
SB361,3,9
8(1) This act first applies to reports filed and information furnished on the
9effective date of this subsection.
