§ 27-8.1-3 - Disclosure of information relating to fire losses.
SECTION 27-8.1-3
§ 27-8.1-3 Disclosure of informationrelating to fire losses. – (a) Whenever any authorized agency empowered to investigate the cause of, orcircumstances attendant upon, a fire loss involving real or personal propertywithin this state, and/or empowered to institute prosecution for criminal acts,actions, or missions causing, or related to, a fire loss, has reason to suspectthat a fire loss is of incendiary or other suspicious origin, or results fromother than accidental cause, that authorized agency may present a request inthe manner and form and containing the requisites as provided in this sectionto an insurer, lending institution, and/or other party in interest for releaseto that agency of any and/or all relevant information deemed crucial to aninvestigation and/or prosecution by that agency, which the insurer, lendinginstitution, or party in interest may have in its possession, relating to afire loss; that relevant information shall include, but not be limited to:
(1) Pertinent insurance policy information relevant to thefire loss under investigation and the application for that policy;
(2) Available policy premium payment records;
(3) The history of previous claims by the insured for fireloss;
(4) Documentary materials relating to the investigation ofthe loss, including statements of any person, proof of loss, and any othermaterials or information relevant to the investigation;
(5) Any loan agreement regarding the fire loss underinvestigation;
(6) The mortgage document regarding the fire loss underinvestigation;
(7) Documentary materials relating to the names of allpersons or entities having any ownership interest in the property involved inthe fire loss under investigation;
(8) Documentary materials relating to any interest in otherreal property held by any of the persons or entities having any ownershipinterest in the property involved in the fire loss under investigation;
(9) The history of other fire losses regarding any other realproperty in which any person or entity having an interest in the propertyinvolved in the fire loss under investigation has any ownership interest; and
(10) Pertinent insurance policy information regarding anymortgage insurance or title insurance covering the property involved in thefire loss under investigation.
(b) This request shall consist of a written statement, underoath, by the chief administrative officer of the authorized agency, that he orshe has reason to believe:
(1) That the fire loss is of suspicious origin;
(2) That a certain insurer, lending institution, and/or partyin interest, named in the statement, has relevant information concerning thefire loss; and
(3) That this information is deemed crucial to aninvestigation and/or prosecution by the agency.
(c) Upon receipt of a request in the manner and form andcontaining the requisites as provided in subsection (b), the insurer, lendinginstitution, and/or party in interest shall proceed as soon as possible toprovide the authorized agency with any relevant information that the insurer orparty may have.
(d) When an insurer, lending institution, or party ininterest has reason to suspect that a fire loss involving property insured byit, or its principal, is of incendiary or other suspicious origin, or resultsfrom other than accidental cause, the insurer or the party in interest shall,in writing to be sent by registered mail, return receipt requested, notify thechief of the fire department of the city, town, or fire district where the fireoccurred, and shall forward a copy to the state fire marshal for the purpose ofenabling him or her to investigate the loss;
(2) When an insurer, lending institution, or party ininterest provides any authorized agency with notice of a fire loss, that noticeshall be deemed sufficient for the purpose of this chapter;
(3) Nothing in this subsection shall be construed to abrogateor impair the rights or powers created under subsection (a).
(e) An authorized agency which has secured any informationfurnished pursuant to subsection (a) may, in furtherance of its own purposes,release or provide that information, or any part of the information, to anyother authorized agency, upon request by that agency.
(f) An insurer, lending institution, or party in interestproviding information to an authorized agency or agencies pursuant tosubsections (a), (b), (c), or (d), shall have the right to request and receiverelevant information from that agency on a reciprocal basis. The procedure tobe followed in that case shall be in accord with that prescribed in subsections(a), (b), and (c), except to the extent that interchangeability of terminologyis necessitated by the circumstances.
(g) Any insurer, lending institution, party in interest, orauthorized agency, or any person acting in behalf of or in conjunction with anyof these, which or who releases information, whether oral or written, pursuantto a request and order, or otherwise, under subsection (a), (b), (c), (d), (e),or (f), shall be immune from any civil liability, criminal prosecution, orpenalty.