Under what circumstances can a producer sue an insurer for information provided during a producer investigation?

A producer can sue an insurer for information provided during a producer investigation primarily when they have been terminated for willful and malicious behavior. This scenario implies that the termination may have involved wrongful actions, whether by the insurer or the manner in which the investigation was conducted. If such behavior is established, it may provide grounds for legal action because the producer may argue that the information obtained during the investigation has been used inappropriately or that the investigation itself was not conducted fairly.

In contrast, terminations due to failing to meet production goals, misunderstandings, or violations of state rules generally do not provide the same basis for a lawsuit regarding the information from an investigation. These circumstances tend to relate more to the producer's performance or misunderstandings that would not carry the same weight in a legal context pertaining to willful or malicious misconduct. Thus, the focused nature of willful and malicious behavior in the context of the lawsuit differentiates it from the other potential termination reasons.