In the absence of fraud, malice or bad faith, an insurer is not subject to civil liability for damages for statements made pursuant to chapter 16.1.

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The situation tests immunity from civil liability for statements made under a specific statute. Under Chapter 16.1, insurers and their agents are shielded from civil damages for statements, reports, or investigations conducted under that chapter. This means that even if there isn’t fraud, malice, or bad faith, there isn’t civil liability arising from those communications. That’s why the claim that there is no liability only when fraud, malice, or bad faith are absent is not accurate—the statute provides broad protection regardless of those factors. The best choice reflects this broad immunity: insurers or their agents are not subject to civil damages for statements made under Chapter 16.1. In other words, the expected liability would not apply in these contexts, which is why the other options—asserting liability in certain circumstances or under malice only—don’t fit the statutory framework.