34-32A-1
Definition of terms.
34-32A-2
Notice and information to governmental agency when insurer believes fire loss other
than accidental.
34-32A-3
Information required of insurer by governmental agency investigating fire loss.
34-32A-4
Exchange of information between governmental agencies.
34-32A-5
Insurer obtaining information from governmental agency.
34-32A-6
Notice to policy holder of request for information.
34-32A-7
Immunity from liability of insurer or governmental agency releasing information.
34-32A-8
Information received held in confidence--Requiring testimony when insurer is party
to litigation.
34-32A-9
Arson control laws unimpaired--Concurrent jurisdiction.
34-32A-10
Rights and powers unimpaired.
34-32A-1. Definition of terms.
Terms used in this chapter, unless the context plainly otherwise requires, mean:
(1) "Action," includes nonaction or the failure to take action.
(2) "Authorized agency or authorized agencies," the Department of Public Safety, the attorney general, the state's attorney in the county where the fire occurred, and, solely for the purposes of § 34-32A-3, the federal bureau of investigation or any other federal agency and United States attorney's office when authorized or charged with investigation or prosecution of the fire in question;
(3) "Deemed important," material within the sole discretion of the authorized agency which is requested by that authorized agency; and
(4) "Relevant," information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
Source: SL 1979, ch 240, § 1; SL 2003, ch 272, §§ 20, 121.
34-32A-2. Notice and information to governmental agency when insurer believes fire loss other than accidental.
If an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provide it with all relevant information from the company's inquiry into the fire loss. If an insurance company provides any authorized agency with notice of a fire loss, it shall be deemed sufficient notice for the purpose of this chapter. Nothing in this section shall abrogate or impair the rights or powers created under § 34-32A-3.
Source: SL 1979, ch 240, § 3.
34-32A-3. Information required of insurer by governmental agency investigating fire loss.
Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency all relevant information or evidence deemed important to the authorized agency which the company may have in its possession relating to the fire loss in question. Relevant information may include, without limitation:
(1) Pertinent insurance policy information relevant to the fire loss under investigation and any application for such policy;
(2) Policy premium payment records which 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.
Source: SL 1979, ch 240, § 2.
34-32A-4. Exchange of information between governmental agencies.
The authorized agency provided with information pursuant to §§ 34-32A-2 and 34-32A-3 and in furtherance of its own purposes, may release or provide such information to any other authorized agency.
Source: SL 1979, ch 240, § 4.
34-32A-5. Insurer obtaining information from governmental agency.
Any insurance company providing information to an authorized agency pursuant to § 34-32A-2 or 34-32A-3 shall have the right to request and obtain relevant information within thirty days of its request to an authorized agency.
Source: SL 1979, ch 240, § 5.
34-32A-6. Notice to policy holder of request for information.
Notwithstanding the provisions of §§ 34-32A-2 to 34-32A-5, inclusive, the authorized agency shall notify, in writing, the policy holder of the request for information.
Source: SL 1979, ch 240, § 10.
34-32A-7. Immunity from liability of insurer or governmental agency releasing information.
Any insurance company, person acting in its behalf, or authorized agency who releases information, whether oral or written, pursuant to §§ 34-32A-2 to 34-32A-5, inclusive, shall be immune from civil liability or criminal prosecution. "Immune," as used in this section, means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to §§ 34-32A-2 to 34-32A-8, inclusive, if actual malice, bad faith or situations involving compounding on the part of the insurance company or authorized agency against the insured is not present.
Source: SL 1979, ch 240, §§ 1(5), 6.
34-32A-8. Information received held in confidence--Requiring testimony when insurer is party to litigation.
Any authorized agency or insurance company who receives any information furnished pursuant to this chapter shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. Any authorized agency, or its personnel, may be required to testify in any litigation in which the insurance company at interest is named as a party.
Source: SL 1979, ch 240, § 7.
34-32A-9. Arson control laws unimpaired--Concurrent jurisdiction.
This chapter shall not be construed to affect or repeal any statute of this state or any ordinance of any municipality relating to fire prevention or control of arson, but the jurisdiction of the Department of Public Safety and of the attorney general as to fire prevention and the control of arson in a municipality shall be concurrent with that of the municipal and county authorities.
Source: SL 1979, ch 240, § 8; SL 2003, ch 272, §§ 20, 121.
