§ 58-79-40. Insurance company to furnish information. - North Carolina Statutes

§58‑79‑40.  Insurance company to furnish information.

(a)        The chief of anymunicipal fire or police department, county fire marshal or sheriff, or specialagent of the State Bureau of Investigation may request any insurance companyinvestigating a fire loss of real or personal property to release anyinformation in its possession relative to that loss. The company shall releasethe information and cooperate with any official authorized to request suchinformation pursuant to this section. The information shall include, but is notlimited to:

(1)        Any insurance policyrelevant to a fire loss under investigation and any application for such apolicy;

(2)        Policy premiumpayment records;

(3)        History of previousclaims made by the insured for fire loss;

(4)        Material relating tothe investigation of the loss, including statements of any person, proof ofloss, and any other relevant evidence.

(b)        If an insurancecompany (or insurance agency) has reason to suspect that a fire loss to itsinsured's real or personal property was caused by incendiary means, the companyshall furnish the State Bureau of Investigation with all relevant materialacquired during its investigation of the fire loss, cooperate with and takesuch action as may be requested of it by any law‑enforcement agency, andpermit any person ordered by a court to inspect any of its records pertainingto the policy and the loss.

(c)        In the absence offraud or malice, no insurance company (or insurance agency), or person whofurnishes information on its behalf, shall be liable for damages in a civilaction or subject to criminal prosecution for any oral or written statementmade or any other action that is necessary to supply information requiredpursuant to this section.

(d)        The officials anddepartmental and agency personnel receiving any information furnished pursuantto this section shall hold the information in confidence until such time as itsrelease is required pursuant to a criminal or civil proceeding.

(e)        Any officialreferred to in subsection (a) of this section may be required to testify as toany information in his possession regarding the fire loss of real or personalproperty in any civil action in which any person seeks recovery under a policyagainst an insurance company for the fire loss. (1977, c. 520, s. 1.)