SECTIONS 1875-1875.8 - California Statutes

INSURANCE CODE

SECTION 1875-1875.8

1875. As used in this chapter:
(a) "Authorized agency" means any of the following officers or
agencies, or their duly authorized representatives, when
investigating or prosecuting arson in connection with a specific
fire: the State Fire Marshal, the Director of the Department of
Forestry and Fire Protection, the chief of any city or county fire
department, the chief of any fire protection district, the Attorney
General, any district attorney, or any peace officer, the Department
of Insurance, and any federal agency.
(b) "Insurer" means any insurer admitted to write, or otherwise
issuing, fire insurance covering property in this state and includes
its agents, servants, investigators, and adjusters. "Insurer"
includes the California FAIR Plan.

1875.1. An authorized agency may, when there is evidence or
suspicion that the crime of arson has been committed, request any
insurer to release all information in its possession that the
authorized agency determines to be relevant to the crime. The insurer
shall release the following:
(a) Any insurance policy or any application for such a policy.
(b) Policy premium payment records.
(c) History of previous claims made by the insured for fire loss.
(d) Material relating to the investigation of the loss, including
the statement of any person, proof of loss, and any other relevant
evidence.

1875.2. If any insurer has reason to suspect that a fire loss was
caused by incendiary means, the insurer shall furnish an authorized
agency with all relevant information acquired during its
investigation of the fire loss and cooperate in an investigation by
an authorized agency.
The authorized agency provided with the information pursuant to
this article may release that information to any of the other
authorized agencies.

1875.3. An authorized agency shall notify the insurer, if known,
and at the expense of the insurer, whenever it has reason to believe
that a fire loss was not accidentally caused. The agency shall also
release to the claimant's insurer specific information regarding the
fire loss at the earliest time possible unless it determines that an
ongoing investigation would be jeopardized.

1875.4. In the absence of fraud or malice, no insurer or person
acting in its behalf who (a) furnishes information whether oral or
written, pursuant to this article, or (b) assists in any
investigation conducted by an authorized agency, shall be liable for
damages in a civil action, nor shall any authorized agency which
releases information pursuant to this chapter be liable for damages
in a civil action.
The act of furnishing information required pursuant to this
article shall not constitute an act of fraud or malice.

1875.5. In any case in which an insurer willfully fails to comply
with this article, the authorized agency may petition the superior
court in an appropriate county for an order requiring compliance.

1875.6. Any authorized agency that receives any information
furnished as required by this article shall not make the information
public until the time that its release is required in connection with
a criminal or civil proceeding.

1875.8. (a) There is hereby created the Arson Information Reporting
System to permit insurers, law enforcement agencies, fire
investigative agencies, and district attorneys to deposit arson case
information in a common data base within the Department of Justice.
The State Fire Marshal shall oversee the establishment, operation,
and maintenance of the Arson Information Reporting System. The
Department of Justice shall implement the Arson Information Reporting
System in consultation with the State Fire Marshal.
(b) The purpose of the data base is to identify utilization
patterns by individual claimants and the methods of operation of
individuals, groups, or businesses engaged in the commission of
arson, and to prevent the commission of insurance fraud by arson.
(c) The use of the information deposited pursuant to this article
shall be made available to law enforcement agencies, fire
investigative agencies, district attorneys, and insurers, via modem,
for the purpose of investigating and prosecuting arson and
arson-related insurance fraud, or evaluating the validity and payment
of fire-related insurance claims. The State Fire Marshal shall
establish rules governing the access to, and use of, information and
the circumstances under which information may be accessed and
corrected.
(d) Any information acquired pursuant to this section shall not be
a part of any public record. Except as otherwise provided by law,
any authorized governmental agency, an insurer, or an agent
authorized by an insurer to act on its behalf, which receives any
information furnished pursuant to this section, shall not release
that information to public inspection until the time that its release
is required in connection with a criminal or civil proceeding.
(e) Information submitted to the State Fire Marshal pursuant to
this section concerning active cases shall be confidential.
(f) Nothing in this section shall prohibit the accumulation and
public distribution by the bureau of statistical data if that data
does not reveal the identity of specific claimants, injured parties,
attorneys, physicians, or other service providers.