(1)(a) When any person or insurer has
reason to believe that a fire loss may have been caused by other than accidental
means or that any insurance claim may be fraudulent, then such person may, and
such insurer shall, notify an authorized agency or a secondary agency.
(b)A notification pursuant to paragraph (a) of this subsection (1) shall be
confidential, shall not constitute a public record under part 2 of article 72 of title
24, C.R.S., and shall not be discoverable or admissible in any civil action.
(c)No insurer, authorized agency, or secondary agency shall intentionally
refuse to release any relevant information concerning a possible nonaccidental fire
loss or fraudulent insurance act, upon request, to:
(I)An insurer that is or could be required to pay a claim to which
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(1) (a) When any person or insurer has
reason to believe that a fire loss may have been caused by other than accidental
means or that any insurance claim may be fraudulent, then such person may, and
such insurer shall, notify an authorized agency or a secondary agency.
(b) A notification pursuant to paragraph (a) of this subsection (1) shall be
confidential, shall not constitute a public record under part 2 of article 72 of title
24, C.R.S., and shall not be discoverable or admissible in any civil action.
(c) No insurer, authorized agency, or secondary agency shall intentionally
refuse to release any relevant information concerning a possible nonaccidental fire
loss or fraudulent insurance act, upon request, to:
(I) An insurer that is or could be required to pay a claim to which such
information relates; or
(II) Any authorized agency.
(2) Any authorized agency may, in writing, require the insurer having an
interest in a fire loss or other claim to release to the authorized agency specific,
relevant information or evidence deemed important by the authorized agency which
the insurer has in its possession and which relates to the fire loss or other claim in
question. Relevant information may include, but shall not be limited to:
(a) Insurance policy information pertaining to a fire loss or other claim under
investigation and any application for such a policy;
(b) Policy premium payment records;
(c) History of previous claims made by the insured; and
(d) Any other material relating to the investigation of the loss, including
statements of any person who may have information about the loss and any proof of
such loss.
(3) Nothing in subsection (1) of this section shall abrogate or impair the
rights or powers created under subsection (2) of this section.
(4) Any authorized agency or secondary agency provided with relevant
information or evidence pursuant to subsection (1) or (2) of this section may release
such information to any other authorized agency, insurer, or secondary agency.
(5) Any insurer providing information to an authorized or secondary agency
or agencies pursuant to subsection (1) or (2) of this section may, in writing, request
such agency to release to such insurer specific, relevant information or evidence
relating to the fire loss or other claim under investigation. Such agency may, in its
sole discretion, and with such restrictions as such agency deems appropriate,
release such information to such insurer.
(6) Any authorized agency or secondary agency receiving a notice or other
information pursuant to this part 10 may release such notice or other information to
other authorized agencies, insurers, or secondary agencies.
(7) Any insurer providing information pursuant to subsection (1) or (2) of this
section shall cooperate with any law enforcement agency of competent jurisdiction.
(8) (a) Any person that has reason to believe that a fire loss may have been
caused by other than accidental means, that any insurance claim or application for
insurance coverage may be fraudulent, or that a fraudulent insurance act has been
committed, may, and any insurer that has reason to believe the same shall, furnish
and disclose any relevant information in its possession concerning such loss, claim,
or act to any insurer or authorized agency for the purpose of detecting,
prosecuting, or preventing fraudulent insurance claims. Such reporting shall be
confidential, shall not be a public record under article 72 of title 24, C.R.S., and
shall not be discoverable or admissible under the Colorado rules of civil procedure
in any civil litigation, but only to the extent that the insurer or person disclosing the
information is granted immunity under section 10-4-1005. The immunity as set forth
in section 10-4-1005 shall apply to any report made pursuant to this subsection (8).
The commissioner of insurance may promulgate rules regarding such reporting.
(b) Paragraph (a) of this subsection (8) shall not be construed to prohibit the
admission of evidence of a fraudulent insurance act:
(I) In any civil litigation involving such fraudulent insurance act; or
(II) In any civil litigation involving the alleged disclosure of information as to
which the insurer or person alleged to have made such disclosure does not have
immunity under section 10-4-1005.
(c) An insurer disclosing information to another insurer under this subsection
(8) may make a written request to such other insurer for the release of information
relating to other fire losses, insurance claims, or applications for coverage
submitted by the same insured or applicant; except that such request and any such
release of information shall be solely for the purpose of detecting, investigating,
preventing, or prosecuting an actual or suspected fraudulent insurance act.
Information so provided shall not be used for underwriting or rating purposes
except in connection with an application or policy under which a fraudulent
insurance act was committed. Information released pursuant to such request shall
be subject to the confidentiality and immunity provisions of paragraph (a) of this
subsection (8).