§ 38-77-1130 — Provision to authorized agencies, by insurance companies, of information regarding motor vehicle theft or motor vehicle insurance fraud; release of information by authorized agencies; immunity from liability.

(a) Any authorized agency may require, in writing, the insurance company at interest to release to the requesting agency any or all relevant information or evidence considered important to the authorized agency which the company may have in its possession, relating to any specific motor vehicle theft or motor vehicle insurance fraud. Relevant information includes: (1) pertinent insurance policy information relevant to theft or fraud under investigation and any application for a policy; (2) policy premium payment records which are available; (3) history of previous claims made by the insured; (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. (b) When an insurance company has reason to believe that a motor vehicle loss in which it has an interest may involve theft or a fraudulent claim, the company may notify, in writing, an authorized agency and provide it with any or all material developed from the company's inquiry into the loss; however, when this information includes possible evidence of motor vehicle theft or motor vehicle insurance fraud involving specifically named persons, the information in all cases may be furnished to the solicitor in the circuit where the loss occurred and he shall furnish the information to other authorized agencies if he considers the action appropriate. When an insurance company provides any one of the authorized agencies with notice of a theft or fraud, it is sufficient notice for the purpose of this article. (c) The authorized agency provided with information may release or provide the information to any agency asked to participate in the investigation. (d) Any insurance company providing information to an authorized agency has the right to be informed, upon written request, as to the status of the case by the agency within a reasonable time, as determined by the authorized agency. (e) Any insurance company or authorized agency which releases information, whether oral or written, and any person acting in their behalf, pursuant to this article, is immune from any liability arising out of the release.

Legislative History

HISTORY: Former 1976 Code SECTION 38-37-1630 [1986 Act No. 513, SECTION 3] recodified as SECTION 38-77-1130 by 1987 Act No. 155, SECTION 1.