North Dakota Code 18-01-05.1 – Disclosure of information – Immunity – Confidentiality
1. The state fire marshal or any law enforcement officer as defined by section 12.1-01-04 may, in writing, require an insurance company at interest to release to the fire marshal or officer any or all relevant information or evidence deemed important which the company may have in its possession, relating to a fire loss when arson is suspected. This requirement is in addition to the information required to be reported by an insurance company under section 18-01-05.
Terms Used In North Dakota Code 18-01-05.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. Relevant information may include, but is not limited to:
a. Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy.
b. Policy premium payment records which are available.
c. History of previous claims made by the insured.
d. Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.
3. When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, the company shall, in writing, notify the state fire marshal, or a law enforcement officer as defined by section 12.1-01-04, and provide any or all material developed from the company’s inquiry into the fire loss.
4. Any insurance company providing information to the state fire marshal or a law enforcement officer pursuant to this section has the right to request and receive relevant information from the state fire marshal or law enforcement officer within a reasonable time not to exceed thirty days.
5. Any insurance company, person acting in its behalf, or authorized agency, that releases information pursuant to this section, whether written or oral, is immune from any liability arising out of the release of such information.
6. For the purposes of this section, “immune” means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this section when actual malice, on the part of the insurance company, person acting in its behalf, or authorized agency, against the insured is not present.
7. The state fire marshal, any law enforcement officer, and any insurance company that receives 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. The state fire marshal and any law enforcement officer shall testify, if requested, in any litigation in which the insurance company at interest is named as a party.