§ 27-8.1-3. Disclosure of information relating to fire losses.
(a) Whenever any authorized agency empowered to investigate the cause of, or circumstances
attendant upon, a fire loss involving real or personal property within this state,
and/or empowered to institute prosecution for criminal acts, actions, or missions
causing, or related to, a fire loss, has reason to suspect that a fire loss is of
incendiary or other suspicious origin, or results from other than accidental cause,
that authorized agency may present a request in the manner and form and containing
the requisites as provided in this section to an insurer, lending institution, and/or
other party in interest for release to that agency of any and/or all relevant information
deemed crucial to an investigation and/or prosecution by that agency, which the insurer,
lending institution, or party in interest may have in its possession, relating to
a fire loss; that relevant information shall include, but not be limited to:
(1) Pertinent insurance policy information relevant to the fire loss under investigation
and the application for that policy;
(2) Available policy premium payment records;
(3) The history of previous claims by the insured for fire loss;
(4) Documentary materials relating to the investigation of the loss, including statements
of any person, proof of loss, and any other materials or information relevant to the
investigation;
(5) Any loan agreement regarding the fire loss under investigation;
(6) The mortgage document regarding the fire loss under investigation;
(7) Documentary materials relating to the names of all persons or entities having any
ownership interest in the property involved in the fire loss under investigation;
(8) Documentary materials relating to any interest in other real property held by any
of the persons or entities having any ownership interest in the property involved
in the fire loss under investigation;
(9) The history of other fire losses regarding any other real property in which any person
or entity having an interest in the property involved in the fire loss under investigation
has any ownership interest; and
(10) Pertinent insurance policy information regarding any mortgage insurance or title insurance
covering the property involved in the fire loss under investigation.
(b) This request shall consist of a written statement, under oath, by the chief administrative
officer of the authorized agency, that the officer has reason to believe:
(1) That the fire loss is of suspicious origin;
(2) That a certain insurer, lending institution, and/or party in interest, named in the
statement, has relevant information concerning the fire loss; and
(3) That this information is deemed crucial to an investigation and/or prosecution by
the agency.
(c) Upon receipt of a request in the manner and form and containing the requisites as
provided in subsection (b), the insurer, lending institution, and/or party in interest
shall proceed as soon as possible to provide the authorized agency with any relevant
information that the insurer or party may have.
(d)(1) When an insurer, lending institution, or party in interest has reason to suspect that
a fire loss involving property insured by it, or its principal, is of incendiary or
other suspicious origin, or results from other than accidental cause, the insurer
or the party in interest shall, in writing to be sent by registered mail, return receipt
requested, notify the chief of the fire department of the city, town, or fire district
where the fire occurred, and shall forward a copy to the state fire marshal for the
purpose of enabling him or her to investigate the loss.
(2) When an insurer, lending institution, or party in interest provides any authorized
agency with notice of a fire loss, that notice shall be deemed sufficient for the
purpose of this chapter.
(3) Nothing in this subsection shall be construed to abrogate or impair the rights or
powers created under subsection (a).
(e) An authorized agency that has secured any information furnished pursuant to subsection
(a) may, in furtherance of its own purposes, release or provide that information,
or any part of the information, to any other authorized agency, upon request by that
agency.
(f) An insurer, lending institution, or party in interest providing information to an
authorized agency or agencies pursuant to subsection (a), (b), (c), or (d), shall
have the right to request and receive relevant information from that agency on a reciprocal
basis. The procedure to be followed in that case shall be in accord with that prescribed
in subsections (a), (b), and (c), except to the extent that interchangeability of
terminology is necessitated by the circumstances.
(g) Any insurer, lending institution, party in interest, or authorized agency, or any
person acting in behalf of or in conjunction with any of these, which or who releases
information, whether oral or written, pursuant to a request and order, or otherwise,
under subsection (a), (b), (c), (d), (e), or (f), shall be immune from any civil liability,
criminal prosecution, or penalty.