Connecticut General Statutes 38a-318 – Information to be furnished relative to fire or explosion losses. Limitation on liability. Confidentiality of information. Testimony concerning information given authorized agencies
(a) Any authorized agency may in writing request any insurance company to release information relative to any investigation the insurance company has made concerning a loss or potential loss due to fire or explosion of undetermined or incendiary origin which shall include but not be limited to: (1) An insurance policy relative to such loss, (2) policy premium records, (3) history of previous claims, and (4) other relevant material relating to such loss or potential loss.
Terms Used In Connecticut General Statutes 38a-318
- Commissioner: means the Insurance Commissioner. See Connecticut General Statutes 38a-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fraud: Intentional deception resulting in injury to another.
- Insurance: means any agreement to pay a sum of money, provide services or any other thing of value on the happening of a particular event or contingency or to provide indemnity for loss in respect to a specified subject by specified perils in return for a consideration. See Connecticut General Statutes 38a-1
- insurance company: includes any person or combination of persons doing any kind or form of insurance business other than a fraternal benefit society, and shall include a receiver of any insurer when the context reasonably permits. See Connecticut General Statutes 38a-1
- Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy. See Connecticut General Statutes 38a-1
- Person: means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a business trust, an unincorporated organization or other legal entity. See Connecticut General Statutes 38a-1
- Personal property: All property that is not real property.
- Policy: means any document, including attached endorsements and riders, purporting to be an enforceable contract, which memorializes in writing some or all of the terms of an insurance contract. See Connecticut General Statutes 38a-1
- State: means any state, district, or territory of the United States. See Connecticut General Statutes 38a-1
- Testify: Answer questions in court.
(b) If any insurance company has reason to suspect that a fire or explosion loss to its insured‘s real or personal property was caused by undetermined or incendiary means, the insurance company shall furnish any authorized agency with all relevant material acquired during its investigation of the fire or explosion loss, cooperate with and take such action as may be requested of the insurance company by the authorized agency and permit any person ordered by a court to inspect any of its records pertaining to the policy and the fire or explosion loss. The insurance company may request any authorized agency to release information relative to any investigation it has made concerning any such fire or explosion loss of undetermined or incendiary origin.
(c) No insurance company, authorized agency or person who furnished information on behalf of such insurance company or agency shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information requested pursuant to this section, unless there is fraud, actual malice or conduct relating to the release of such information which constitutes a criminal act.
(d) Except as provided in subsection (g) of this section, any authorized agency receiving any information furnished pursuant to this section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
(e) Any authorized agency personnel may be required to testify as to any information in the agency’s possession regarding the fire or explosion loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company for the fire or explosion loss.
(f) For the purposes of this section, (1) “authorized agency” means: (A) The State Fire Marshal or the local fire marshal when authorized or charged with the investigation of fires or explosions at the place where the fire or explosion actually took place, (B) the Insurance Commissioner, or (C) a federal, state or local law enforcement officer when authorized or charged with the investigation of fires or explosions at the place where the fire or explosion actually took place; and (2) “insurance company” includes organizations issuing insurance policies in this state pursuant to the provisions of section 38a-328.
(g) Any authorized agency provided with information pursuant to subsection (a) or (b) of this section may, in furtherance of its own purposes, release any information in its possession to any other authorized agency.
(h) The provisions of this section shall apply to fire losses occurring on or after October 1, 1979.