§ 18-01-05.1 — Disclosure of information - Immunity - Confidentiality

North Dakota § 18-01-05.1

• Jurisdiction: North Dakota
• Title 18: Fires
• Ch. 18-01: State Fire Marshal Department

Text

1. The state fire marshal or any law enforcement officer as defined by section 12.1-01-04
may, in writing, require an insurance company at interest to release to the fire marshal
or officer any or all relevant information or evidence deemed important which the
company may have in its possession, relating to a fire loss when arson is suspected.
This requirement is in addition to the information required to be reported by an
insurance company under section 18-01-05.
2. Relevant information may include, but is not limited to:
a. Pertinent insurance policy information relevant to a fire loss under investigation
and any application for such a policy.
b. Policy premium payment records which are available.
c. History of previous claims made by the insured.
d. Material relating to the investigation of the loss, including statements of any
person, proof of loss, and any other evidence relevant to the investigation.
3. When an insurance company has reason to believe that a fire loss in which it has an
interest may be of other than accidental cause, the company shall, in writing, notify the
state fire marshal, or a law enforcement officer as defined by section 12.1-01-04, and
provide any or all material developed from the company's inquiry into the fire loss.
4. Any insurance company providing information to the state fire marshal or a law
enforcement officer pursuant to this section has the right to request and receive
relevant information from the state fire marshal or law enforcement officer within a
reasonable time not to exceed thirty days.

5. Any insurance company, person acting in its behalf, or authorized agency, that
releases information pursuant to this section, whether written or oral, is immune from
any liability arising out of the release of such information.
6. For the purposes of this section, "immune" means that neither a civil action nor a
criminal prosecution may arise from any action taken pursuant to this section when
actual malice, on the part of the insurance company, person acting in its behalf, or
authorized agency, against the insured is not present.
7. The state fire marshal, any law enforcement officer, and any insurance company that
receives any information furnished pursuant to this section shall hold the information in
confidence until such time as its release is required pursuant to a criminal or civil
proceeding. The state fire marshal and any law enforcement officer shall testify, if
requested, in any litigation in which the insurance company at interest is named as a
party.