319 - Release of information resulting from insurers' investigation of fires.

§  319.  Release of information resulting from insurers' investigation  of fires. (a) In  this  section,  "authorized  law  enforcement  agency"  means:    (1) any official of any agency authorized to investigate a fire at the  place where the fire occurred;    (2)  the  district  attorney  responsible  for  the prosecution in the  county where the fire occurred; and    (3) solely for the purpose of subsections  (b)  and  (c)  hereof,  the  Federal  Bureau  of  Investigation  or any other federal agency, and the  United  States  attorney's  office  when  authorized  or  charged   with  investigation or prosecution of the fire in question.    (b) Each insurer authorized to issue policies covering losses incurred  to  personal or real property through fire shall contact the appropriate  authorized  law  enforcement  agency  and  release  information  in  its  possession resulting from an investigation conducted by it pertaining to  any  such  fire loss, should the insurer be of the opinion that the fire  was caused by other than accidental means. The notification to a  single  authorized  agency  shall  be  sufficient  for purposes of this section,  provided, however, that in cities with a population  over  one  million,  notification   to  the  appropriate  fire  protection  agency  shall  be  sufficient for the purposes of this section.    (c) Any authorized law enforcement agency may, in writing, require the  insurer to release, to that agency, any relevant information or evidence  deemed important to the  authorized  law  enforcement  agency  that  the  insurer  may  have  in  its  possession  relating  to  the  fire loss in  question. Relevant information shall include, but shall not  be  limited  to:    (1)  pertinent  insurance  policy  information relevant to a fire loss  under investigation and any application for such a policy;    (2) policy premium payment records that are available;    (3) history of previous claims made by the insured; and    (4) material relating to the  investigation  of  the  loss,  including  statements of any person, proof of loss, and any other evidence relevant  to the investigation.    (d) Any insurer providing information to an authorized law enforcement  agency  or  agencies  concerning  a  particular  fire loss for which the  insurer has provided information pursuant to this section shall have the  right to request relevant information and to receive within a reasonable  time, not to exceed thirty days after the receipt of such  request,  the  information  requested,  provided that the information is not subject to  the provisions of paragraphs (a), (e) and  (f)  of  subdivision  two  of  section  eighty-seven  of the public officers law. This subsection shall  confer no substantive or procedural rights on a defendant in a  criminal  action, proceeding or prosecution.    (e)  The  authorized  agency  provided  with  information  pursuant to  subsection (c) hereof, in furtherance of its own purposes,  may  release  or  provide  such  information  to  any other authorized law enforcement  agency.    (f) Any information or evidence furnished  pursuant  to  this  section  shall  be  held  in  confidence  by  the  appropriate  agency until such  information  is  required  to  be  released  pursuant  to   a   criminal  proceeding,  or  if such agency shall be served a summons or subpoena to  testify as to any information or evidence in  its  possession  regarding  such  fire  loss in any civil action where an insured or other person is  seeking recovery under a policy against an insurer for  fire  damage  to  real or personal property.