HB3909 EngrossedLRB099 09722 MLM 29931 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Fire Loss Act is amended by
5changing Section 1 as follows:
 
6    (215 ILCS 145/1)  (from Ch. 73, par. 1153)
7    Sec. 1. (a) The Fire Marshal, the director of the
8Department of Insurance or personnel from any other authorized
9fire department or law enforcement agency charged with the
10responsibility of investigating a fire loss or potential fire
11loss, may request any insurance company that has investigated
12or is investigating a fire loss or potential fire loss of real
13or personal property to release any factual information in its
14possession which is pertinent to this type of loss or potential
15loss and has some relationship to the loss or potential loss
16itself. The company shall release the information and cooperate
17with any official authorized to request such information
18pursuant to this Section. The information shall include, but is
19not limited to:
20    (1) Any insurance policy relevant to a fire loss or
21potential fire loss under investigation and any application for
22such a policy;
23    (2) Policy premium payment records;

 

 

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1    (3) History of previous claims made by the insured for fire
2loss;
3    (4) Material relating to the investigation of the loss or
4potential loss, including statements of any person, proof of
5loss, and any other relevant evidence.
6    (b) If an insurance company has reason to believe that a
7fire loss to its insured's real or personal property was caused
8by other than accidental means, the company shall notify the
9Fire Marshal, the director of the Department of Insurance or
10any other appropriate law enforcement agency charged with the
11responsibility to investigate fire losses and furnish such
12persons with all relative material acquired during its
13investigation of the fire loss, cooperate with and take such
14reasonable action as may be requested by any law enforcement
15agency, and cooperate with the Court and administrative
16agencies of the State, and any official from the Fire Marshal's
17office, the office of the director of the Department of
18Insurance or any law enforcement agency charged with the
19responsibility to investigate the fire. Such insurance company
20may request officials and departmental and agency personnel
21receiving information on fire losses or potential fire losses
22to release information relative to any investigation it has
23made concerning any such fire loss or potential loss reported
24by such company. Subject to the provisions of subsection (a) of
25this Section and subparagraphs paragraphs (i), (iii), (iv),
26(v), (vi), and (vii) of paragraph (d) and (viii) of subsection

 

 

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1(1) (c) of Section 7 of the Freedom of Information Act, such
2insurance company shall have the right to receive, within a
3reasonable time, not to exceed 30 days after the receipt of
4such request, the relevant information requested.
5    (c) In the absence of malice, no insurance company, or
6person who furnishes information on its behalf, or authorized
7person, department or agency as defined in subsection (a) who
8releases information, is liable for damages in a civil action
9or subject to criminal prosecution for any oral or written
10statement made or any other action taken that is necessary to
11supply information required pursuant to this Section.
12    (d) The officials and departmental and agency personnel
13receiving any information furnished pursuant to this Section
14shall hold the information in confidence until such time as its
15release is required pursuant to this Section or a criminal or
16civil proceeding.
17    (e) Any official referred to in paragraph (a) of this
18Section may be required to testify as to any information in his
19possession regarding the fire loss of real or personal property
20in any civil action in which any person seeks recovery under a
21policy against an insurance company for the fire loss.
22    (f) As used in this Section, "insurance company" includes
23the Illinois Fair Plan Underwriting Association, and all
24district, county and township mutual insurance companies.
25    (g)  (1) No person shall intentionally or knowingly refuse
26to release any information properly requested, pursuant to

 

 

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1paragraph (a) of this Section.
2    (2) No person shall refuse to make the necessary
3notification of a fire loss pursuant to paragraph (b) of this
4Section.
5    (3) No person shall refuse to supply to the proper
6authorities pertinent information required to be furnished
7pursuant to paragraph (b) of this Section.
8    (4) No person shall fail to hold in confidence information
9required to be held in confidence by paragraph (d) of this
10Section.
11    (h) Whoever violates paragraph (g) (1), (2), (3) or (4) of
12this Section is guilty of a Class C misdemeanor and is subject
13to a fine not to exceed $100. It shall not be considered a
14violation of this Section if an insurance company in good
15faith, believes it has done everything required of it by this
16Statute.
17    (i) A fire department or law enforcement agency that has
18investigated or is investigating a fire loss or potential fire
19loss of real or personal property may release to an insurer of
20such property any factual information, including statements,
21in its possession which is pertinent or related to the type of
22loss or potential loss.
23(Source: P.A. 86-1021.)