§ 319 — Release of information resulting from insurers' investigation of fires

New York § 319

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 3: Administrative and Procedural Provisions

Text

§ 319. Release of information resulting from insurers' investigation\nof fires. (a) In this section, "authorized law enforcement agency"\nmeans:\n (1) any official of any agency authorized to investigate a fire at the\nplace where the fire occurred;\n (2) the district attorney responsible for the prosecution in the\ncounty where the fire occurred; and\n (3) solely for the purpose of subsections (b) and (c) hereof, the\nFederal Bureau of Investigation or any other federal agency, and the\nUnited States attorney's office when authorized or charged with\ninvestigation or prosecution of the fire in question.\n (b) Each insurer authorized to issue policies covering losses incurred\nto personal or real property through fire shall contact the appropriate\nauthorized law enforcement agency and release information in its\npossession resulting from an investigation conducted by it pertaining to\nany such fire loss, should the insurer be of the opinion that the fire\nwas caused by other than accidental means. The notification to a single\nauthorized agency shall be sufficient for purposes of this section,\nprovided, however, that in cities with a population over one million,\nnotification to the appropriate fire protection agency shall be\nsufficient for the purposes of this section.\n (c) Any authorized law enforcement agency may, in writing, require the\ninsurer to release, to that agency, any relevant information or evidence\ndeemed important to the authorized law enforcement agency that the\ninsurer may have in its possession relating to the fire loss in\nquestion. Relevant information shall include, but shall not be limited\nto:\n (1) pertinent insurance policy information relevant to a fire loss\nunder investigation and any application for such a policy;\n (2) policy premium payment records that are available;\n (3) history of previous claims made by the insured; and\n (4) material relating to the investigation of the loss, including\nstatements of any person, proof of loss, and any other evidence relevant\nto the investigation.\n (d) Any insurer providing information to an authorized law enforcement\nagency or agencies concerning a particular fire loss for which the\ninsurer has provided information pursuant to this section shall have the\nright to request relevant information and to receive within a reasonable\ntime, not to exceed thirty days after the receipt of such request, the\ninformation requested, provided that the information is not subject to\nthe provisions of paragraphs (a), (e) and (f) of subdivision two of\nsection eighty-seven of the public officers law. This subsection shall\nconfer no substantive or procedural rights on a defendant in a criminal\naction, proceeding or prosecution.\n (e) The authorized agency provided with information pursuant to\nsubsection (c) hereof, in furtherance of its own purposes, may release\nor provide such information to any other authorized law enforcement\nagency.\n (f) Any information or evidence furnished pursuant to this section\nshall be held in confidence by the appropriate agency until such\ninformation is required to be released pursuant to a criminal\nproceeding, or if such agency shall be served a summons or subpoena to\ntestify as to any information or evidence in its possession regarding\nsuch fire loss in any civil action where an insured or other person is\nseeking recovery under a policy against an insurer for fire damage to\nreal or personal property.\n