Exemption From Civil Liability; Exceptions

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Sec. 3. The exemption from civil liability in section 2 of this chapter does not apply to:

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

(A) occurs during an inspection; and

(B) is proximately caused by the negligence of the insurer or its agent, employee, or service contractor;

(2) an inspection that is required under a written service contract; or

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

(A) a criminal offense;

(B) gross negligence; or

(C) willful or wanton misconduct.

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

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


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