Section 5-411 - Immunity - Joint Insurance Association, member insurers, etc. - Maryland Statutes

§ 5-411. Immunity - Joint Insurance Association, member insurers, etc.
 

(a)  Nonliability for performance of powers and duties; exceptions.- There may not be any liability on the part of or cause of action of any nature against an Association member, the Joint Insurance Association or its agents or employees, the Board of Directors, or the Insurance Commissioner or the Commissioner's representatives for any action taken by them in the performance of their powers and duties under Title 25, Subtitle 4 of the Insurance Article, except: 

(1) To the extent that it is proven that any of the entities or individuals specified in this subsection actually received an improper benefit or profit in money, property, or services, for the amount of the benefit or profit in money, property, or services actually received; 

(2) To the extent that a judgment or other final adjudication adverse to any of the entities or individuals specified in this section is entered in a proceeding based on a finding in the proceeding that the entity's or individual's action, or failure to act, was the result of active and deliberate dishonesty and was material to the cause of action adjudicated in the proceeding; or 

(3) To the extent that any act of an entity or individual specified in this section was committed in bad faith. 

(b)  Failure to discover defects; statements; findings.- There may not be any liability on the part of or cause of action of any nature against an Association member, the Joint Insurance Association, the governing committee of the Joint Insurance Association, their agents or employees, or the Insurance Commissioner or the Commissioner's authorized representatives for any failure to discover defects in the property inspected or for any statements made in any reports and communications concerning the insurability of the property, or in the findings required by the provisions of Title 25, Subtitle 4 of the Insurance Article or the hearings conducted in connection therewith. 
 

[1990, ch. 546, § 3; 1997, ch. 14, § 9; ch. 70, § 4.]