Smith, Rolfes & Skavdahl Company L.P.A

When requested by an authorized agency charged with the responsibility of investigating a fire loss, an insurer shall furnish information to the agency consisting of any and all relevant information or evidence considered important to the authorized agency. This includes but is not limited to any and all policy information, policy premium payment records, history of prior claims made by the insured, any material relating to the investigation of the loss including statements, proof of loss, or other relevant evidence.

When an insurer has reason to believe a fire loss in which it has an interest is caused by a means that was not accidental, then the company shall notify an authorized agency in writing and provide that agency with all materials developed from the insurer’s investigation of the fire loss. The insurer shall also provide the office of the state fire marshal a copy of any information provided under this section.

When an authorized agency receives information under this chapter, it may release or provide the same information to any other authorized agency to further its investigation. In addition, an insurer who provides information under this chapter has the reciprocal right to request and receive relevant information from that agency. Finally, an insurer or authorized agency who releases or provides evidence or information under this chapter is immune from any civil or criminal liability for providing the evidence or information.

When an authorized agency is investigating a fire that it believes to have been caused by arson it may, in writing, order an insurer to withhold payment of any policy proceeds on the damaged or destroyed property for up to thirty (30) days from the date of the order. The insurer may not make a payment during that time, except as follows:

Emergency living expenses;
Emergency action necessary to secure the premises;
To prevent further damage to the premises; or,
To a mortgagee who is not the target of the investigation of the authorized agency.

If an insurer has reason to believe that a vehicle theft claim made by an insured is fraudulent, the insurer shall notify, in writing, an authorized agency of the suspected fraudulent claim and provide the agency with all materials developed from the insurer’s investigation.

An authorized agency investigating a vehicle theft may, in writing, require an insurer investigating the loss to release any and all relevant information or evidence considered important to the authorized agency, including:

Pertinent policy information (including a policy application);
Policy premium payment records;
History of prior claims made by the insured;
Material relating to the investigation, including:

Statements;
Proofs of Loss;
Other relevant evidence.

An authorized agency provided with information under this chapter may release or provide the same information to any other authorized agency to further its investigation. In addition, an insurer who provides information under this section has the reciprocal right to request and receive relevant information from that agency. When requested, the agency shall provide the requested information within a reasonable time, not exceeding thirty (30) days. Finally, an insurer or authorized agency that releases or provides evidence or other information under this chapter is immune from civil or criminal liability for providing that information.

All preprinted claim forms required by an insurer as a condition of payment of a claim must contain a statement which clearly states the following: “A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.”