Section 3. Exemption from civil liability.
(a) Exemption.--The furnishing of, or failure to furnish, insurance consultation services related to, in connection with or incidental to a policy of insurance shall not subject the insurer, its agents, employees or service contractors to liability for damages from injury, death or loss occurring as a result of any act or omission by any person in the course of such services.
(b) Application of section.--This section shall not apply:
(1) If the injury, loss or death occurred during the
actual performance of consultation services and was caused by
the negligence of the insurer, its agent, employees or
service contractors which was a proximate cause of the
injury, death or loss.
(2) To any consultation services required to be
performed under the provisions of a written service contract
not incidental to a policy of insurance.
(3) In any action against any insurer, its agents,
employees or service contractors for damages caused by the
act or omission of said insurer, its agents, employees or
service contractors in which it is judicially determined that
such act or omission constituted a crime, actual malice or
gross negligence.
(c) Notice.--The provisions of subsection (a) shall not be effective and applicable unless the insurer furnishes the insured with written notice of the provisions of this act. Such notice shall be provided the insured by the insurer at the time the policy is issued or written and at each subsequent renewal thereof. The manner in which the notice shall be given and its specific contents shall be approved by the Insurance Commissioner.