(b) If an insurance company has reason to believe that a fire loss
to its insured's real or personal property was caused by other than
accidental means, the company shall notify the Fire Marshal, the director
of the Department of Insurance or any other appropriate law enforcement
agency charged with the responsibility to investigate fire losses and
furnish such persons with all relative material acquired during its
investigation of the fire loss, cooperate with and take such reasonable
action as may be requested by any law enforcement agency, and cooperate
with the Court and administrative agencies of the State, and any official
from the Fire Marshal's office, the office of the director of the
Department of Insurance or any law enforcement agency charged with the
responsibility to investigate the fire. Such insurance company may request
officials and departmental and agency personnel receiving information on
fire losses or potential fire losses to release information relative to any
investigation it has made concerning any such fire loss or potential loss
reported by such company. Subject to the provisions of subsection (a) of this Section and subparagraphs
(i), (iii), (iv), (v), (vi), and (vii) of paragraph (d) of subsection (1) of
Section 7 of the Freedom of Information Act, such insurance company shall
have the right to receive, within a reasonable time, not to exceed 30 days
after the receipt of such request, the relevant information requested.
(c) In the absence of malice, no insurance company, or person who
furnishes information on its behalf, or authorized person, department or
agency as defined in subsection (a) who releases information, is 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 required pursuant to this Section.
(d) The officials and departmental and agency personnel receiving
any information furnished pursuant to this Section shall hold the
information in confidence until such time as its release is required
pursuant to this Section or a criminal or civil proceeding.
(e) Any official referred to in paragraph (a) of this Section may be
required to testify as to any information in his possession regarding
the fire 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 loss.
(f) As used in this Section, "insurance company" includes the
Illinois Fair Plan Underwriting Association, and all district, county and
township mutual insurance companies.
(g) (1) No person shall intentionally or knowingly refuse to release
any information properly requested, pursuant to paragraph (a) of this Section.
(2) No person shall refuse to make the necessary notification of a
fire loss pursuant to paragraph (b) of this Section.
(3) No person shall refuse to supply to the proper authorities
pertinent information required to be furnished pursuant to paragraph (b)
of this Section.
(4) No person shall fail to hold in confidence information required
to be held in confidence by paragraph (d) of this Section.
(h) Whoever violates paragraph (g) (1), (2), (3) or (4) of this
Section is guilty of a Class C misdemeanor and is subject to a fine not
to exceed $100. It shall not be considered a violation of this Section
if an insurance company in good faith, believes it has done everything
required of it by this Statute.
(i) A fire department or law enforcement agency that has investigated
or is investigating a fire loss or potential fire loss of real or personal
property may release to an insurer of such property any factual information,
including statements, in its possession which is pertinent or related to
the type of loss or potential loss.
(Source: P.A. 99-159, eff. 1-1-16.)
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