27-85.5 - Disclosure of information.
§ 27-85.5. Disclosure of information.
A. Any authorized agency may, in writing, require an insurance company torelease to the requesting agency any or all relevant information or evidencedeemed material by the requesting agency in the insurance company'spossession relating to the fire loss in question. Relevant information mayinclude, but shall not be limited to:
1. Pertinent insurance policy information relevant to a fire loss underinvestigation and any application for such a policy;
2. Policy premium payment records;
3. History of previous claims made by the insured;
4. Material relating to the investigation of the loss, including statementsof any person, proof of loss, and any other evidence relevant to theinvestigation.
B. 1. When an insurance company has reason to believe that a fire loss inwhich it has an interest may be of other than accidental cause, then, for thepurpose of notification and for having such fire loss investigated, thecompany shall, in writing, notify an authorized agency and provide it withany or all material developed from the company's inquiry into the fire loss.
2. When an insurance company provides any one of the authorized agencies withnotice of a fire loss, it shall be sufficient notice for the purpose of thisarticle.
C. The authorized agency provided with information pursuant to subsections Aor B of this section and in furtherance of its own purposes, may release orprovide such information to any of the other authorized agencies.
D. Any insurance company providing information to an authorized agency oragencies pursuant to subsections A or B of this section shall have the rightto request relevant information and receive, within a reasonable time, not toexceed thirty days, the information requested.
E. Any insurance company, or person acting in its behalf or authorized agencywho releases information, whether oral or written, pursuant to subsections Aor B of this section shall be immune from any liability arising out of acivil action, or penalty resulting from a criminal prosecution unless actualmalice on the part of the insurance company or authorized agency is present.
(1979, c. 279.)