895.486895.486 Civil immunity exemption; reports of insurance fraud. 895.486(1)(1) In this section, “insurance fraud” means the presentation of any statement, document or claim, or the preparation of a statement, document or claim with the knowledge that the statement, document or claim will be presented, that the person knew or should have known contained materially false, incomplete or misleading information concerning any of the following: 895.486(1)(a)(a) An application for the issuance of an insurance policy. 895.486(1)(b)(b) A claim for payment, reimbursement or benefits payable under an insurance policy. 895.486(1)(c)(c) A payment made in accordance with the terms of an insurance policy. 895.486(2)(2) Any person who, absent malice, files a report with or furnishes information concerning suspected, anticipated, or completed insurance fraud is immune from civil liability for his or her acts or omissions in filing the report or furnishing the information to any of the following or to their agents, employees or designees: 895.486(2)(c)(c) The National Association of Insurance Commissioners. 895.486(2)(d)(d) Any governmental agency established to detect and prevent insurance fraud. 895.486(2)(e)(e) Any nonprofit organization established to detect and prevent insurance fraud. 895.486(2)(f)(f) Any insurer or authorized representative of an insurer. 895.486(3)(3) Any information furnished by an insurer in response to a report or information furnished under sub. (2) is confidential and may be made public only if required in a civil or criminal action. 895.486(4)(4) If a civil action is commenced against a person for damages related to the filing of a report or the furnishing of information under sub. (2) and the court determines that the person is immune from civil liability for his or her acts or omissions in filing the report or furnishing the information, the person filing the report or furnishing the information shall recover costs under ch. 814 and, notwithstanding s. 814.04 (1), reasonable attorney fees. 895.486 HistoryHistory: 1995 a. 177. 895.487895.487 Civil liability exemption; employment references. 895.487(1)(c)(c) “Reference” means a statement about an employee’s job performance or qualifications for employment and includes a statement about an employee’s job performance or qualifications for employment provided pursuant to the settlement of a dispute between the employer and employee or provided pursuant to an agreement between the employer and employee relating to the termination of the employee’s employment. 895.487(2)(2) An employer who, on the request of an employee or a prospective employer of the employee, provides a reference to that prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the employer knowingly provided false information in the reference, that the employer made the reference maliciously or that the employer made the reference in violation of s. 111.322. 895.487 HistoryHistory: 1995 a. 441; 1997 a. 35. 895.487 AnnotationThe malice referred to in sub. (2) is express malice, which requires a showing of ill will, bad intent, envy, spite, hatred, revenge, or other bad motives against the person defamed, and not actual malice, which requires statements made with knowledge of falsity or with reckless disregard for the truth. Gibson v. Overnite Transportation Co., 2003 WI App 210, 267 Wis. 2d 429, 671 N.W.2d 388, 02-3158. 895.487 AnnotationEmployer Liability for Employment References. Mac Kelly. Wis. Law. Apr. 2008.
895.488895.488 Civil liability exemption; owner or person in lawful possession of the premises.