33-18-219. Exceptions to applicability. Section 33-18-218 does not apply and an insurer may seek reimbursement from an insured for any amount paid by the insurer in defending any claim asserted against an insured if:

(1) the insured made fraudulent or material misrepresentations or concealed or omitted facts or information in the application for insurance, and the insurer, in good faith, would not have issued the policy or contract if the true facts had been made known to the insurer;

(2) the insured made fraudulent or material misrepresentations or concealed or omitted facts or information in the submission of the claim; or

(3) the insurance policy or contract is a professional liability insurance policy or contract.