§ 12-13-303 - Disclosure of information.
12-13-303. Disclosure of information.
(a) Any authorized agency may, in writing, require the insurer at interest to release to the requesting agency relevant information relating to the fire loss in question which may include, but is not limited to:
(1) Policy premium payment records;
(2) History of previous claims made by the insured; and
(3) Material relating to the insurer's investigation of the fire loss.
(b) (1) Any insurer having reason to believe that a fire loss in which it has an interest may be of other than accidental cause shall, in writing, notify an authorized agency of the finding.
(2) When an insurer notifies any one (1) of the authorized agencies pursuant to this subchapter, it shall be sufficient notice for the purpose of this subchapter.
(3) Nothing in this subsection shall abrogate or impair the rights or powers created under subsection (a) of this section.
(c) The authorized agency provided with information pursuant to subsection (a) or (b) of this section and in furtherance of its own purposes may release or provide the information to any other authorized agency of this or another state, or of the United States to the extent that its disclosure or use is relevant to a loss by fire of real or personal property which is under investigation by the authorized agency.
(d) (1) When an insurer enters into a contract of insurance against fire loss with the insured, the requirements of this subchapter must be disclosed in writing to the insured.
(2) Any insurer providing information to an authorized agency pursuant to this subchapter shall notify its insured in writing of such an action no later than ninety (90) days after the action has been taken. A copy of the report furnished the authorized agency shall be furnished to the insured upon the commencement of civil action or criminal prosecution.
(e) Any insurer, or a person acting on its behalf, shall be immune from liability in any civil or criminal proceeding for any statement made or action required by this subchapter when actual malice on the part of the insurer or its representative is not present.