Sec. 3. The exemption from civil liability in section 2 of this chapter does not apply to:
(1) any injury, loss, or death that:
(A) occurs during an inspection; and
(B) is proximately caused by the negligence of the insurer or its agent, employee, or service contractor;
(2) an inspection that is required under a written service contract; or
(3) any injury, loss, or death proximately caused by an act or omission that constitutes:
(A) a criminal offense;
(B) gross negligence; or
(C) willful or wanton misconduct.