Sec. 38a-356. (Formerly Sec. 38-175v). Disclosure of information by insurance company re motor vehicle losses or fraudulent claims. Insurance company reports to commissioner. Immunity from liability.
Sec. 38a-356. (Formerly Sec. 38-175v). Disclosure of information by insurance
company re motor vehicle losses or fraudulent claims. Insurance company reports
to commissioner. Immunity from liability. Confidentiality. (a) Any authorized employee of the Department of Public Safety, Department of Motor Vehicles or a local
police department may in writing request any insurance company to release to such
employee information relative to any investigation it has made concerning a motor
vehicle's loss or potential loss or any information relating to fraud or potential fraud in
any claim under a motor vehicle insurance policy. Any insurance company, on its own
initiative, may provide and disclose information relating to fraud or potential fraud to
such authorized persons. Such information shall include, but not be limited to: (1) An
insurance policy relative to such loss, (2) policy premium records, (3) history of previous
claims, and (4) other relevant material relating to such loss or potential loss or to such
fraud or potential fraud.
(b) Any insurance company so requested shall furnish such information to any such
employee and shall permit the Insurance Commissioner or the commissioner's designee
and any person ordered by a court to inspect its records pertaining to the policy and loss.
Any insurance company may request any such employee to release information relative
to any departmental investigation concerning the loss. Any information obtained relative
to fraud or potential fraud may be disclosed to any central reporting bureau and any law
enforcement agency.
(c) On or before March thirty-first of each year, each insurance company shall provide the Insurance Commissioner annual reports detailing all information received or
investigations conducted by such company during the past year concerning insurance
fraud in any claim under a motor vehicle insurance policy. Such reports shall be filed
in a manner prescribed by the commissioner.
(d) In the absence of fraud, malice or criminal act, no insurance company, authorized
employee or person who furnished information on behalf of such company or department, shall be liable for damages in a civil action or subject to criminal prosecution for
any oral or written statement made pursuant to the provisions of this section.
(e) Information furnished pursuant to this section shall be held in confidence until
its release is required pursuant to a criminal or civil proceeding.
(P.A. 80-292, S. 13; P.A. 82-23; P.A. 00-211, S. 4; P.A. 01-5.)
History: P.A. 82-23 added provisions regarding the disclosure of information relating to fraud or potential fraud in
motor vehicle insurance claims; Sec. 38-175v transferred to Sec. 38a-356 in 1991; P.A. 00-211 amended Subsec. (b) to
permit inspection by the commissioner or his designee, inserted a new Subsec. (c) requiring insurance companies to submit
annual reports to the commissioner detailing all information received or investigations conducted during the past year
concerning insurance fraud, and redesignated former Subsecs. (c) and (d) as (d) and (e), respectively; P.A. 01-5 amended
Subsec. (c) to substitute "March thirty-first of each year" for "December 15, 2000, and on or before each July thirty-first
thereafter" re annual report filings.
See Sec. 14-16c re insurance companies' duties re totalled vehicles and certificates of title.