(a) When an insurer has reason to believe that a fire loss in which it has an interest may have been caused by other than accidental means, it shall immediately supply a written report of that fact to the Department of Public Safety.
(b) When requested in writing by an authorized agency, an insurer shall supply all available information relating to a particular fire loss to the agency. The information requested may include
(1) insurance policy information pertaining to a fire loss under investigation and any application for the policy;
(2) policy premium payment records;
(3) a history of previous claims made by the insured; and
(4) material relating to the investigation of the loss, including statements of a person who may have information about the loss and any proof of the loss.
(c) Notification to the Department of Public Safety under (a) of this section does not relieve the insurer of the duty to respond to a request for information from an authorized agency under (b) of this section.
(d) An authorized agency provided with information under (a) or (b) of this section may release the information to another authorized agency.
(e) In (a)-(d) of this section, "authorized agency" means a fire department, a local or federal law enforcement agency responsible for the investigation of fires, the Department of Law, the state fire marshal, the United States attorney's office, and the Department of Public Safety.
(f) An authorized agency shall share with the insurer all relevant information relating to an instance of suspected arson when
(1) the Department of Law has determined that release of the information would not jeopardize the success of an ongoing investigation and that there are adequate safeguards to insure the confidentiality of the information;
(2) the agency has completed its investigation and a decision not to prosecute has been made; or
(3) criminal prosecution has been brought and the defendant has pled guilty, or the jury or other trier of fact has returned a verdict, and no appeal has been taken.
(g) In (f) of this section, "authorized agency" means a fire department, a local law enforcement agency responsible for the investigation of fires, the Department of Law, the state fire marshal, and the Department of Public Safety.
(h) A person is not civilly liable or subject to criminal prosecution for releasing information under this section unless the act constitutes a malicious attempt to injure an insured.
Section: Previous 21.96.010 21.96.015 21.96.020 21.96.025 21.96.027 21.96.030 21.96.035 21.96.050 21.96.060 21.96.070 21.96.075 21.96.080 21.96.090 21.96.100 21.96.110 NextLast modified: November 15, 2016