[§663M-3] Blanket protections. (a) No statutory minimum, treble damages, or noneconomic damages shall be awarded under any theory of recovery for claims arising out of a year 2000 error unless one of the following is found to have occurred in addition to the other facts necessary for the award of such damages:
(1) The year 2000 error was intentionally created by the respondent with the intent to cause damage or injury;
(2) The respondent had entered into an agreement to discover or remedy year 2000 errors with the intent to defraud the claimant;
(3) The damage or injury was caused by the dissemination of corrupted data to recipients:
(A) With actual knowledge that errors were occurring;
(B) Without reasonable efforts at warning; and
(C) Without reasonable efforts to correct the cause of the errors. [L 1999, c 115, pt of §2]