KRS 304.20-160: Power of authorized agency to require insurer to furnish information

concerning fire loss.

(1) Any authorized agency may, in writing, require an insurer at interest to release to

the requesting agency any or all relevant information or evidence dee med important

to the authorized agency which the insurer may have in its possession, concerning a

loss or potential loss due to fire of suspicious or incendiary origin. Relevant

information may include, without limitation herein:

(a) Pertinent insurance p olicy information pertaining to such fire loss and any

application for such a policy;

(b) Policy premium payment records;

(c) History of previous claims made by the insured;

(d) Material relating to such loss or potential loss.

(2) (a) When an insurer has reason to believe that a fire loss, or potential fire loss, in

which it has an interest may be of other than accidental cause, then, for the

purpose of notification and for having such fire loss, or potential fire loss,

investigated, the insurer shall, in writing, notify any authorized agency or

agencies and provide them with any or all material developed from the

insurer's inquiry into the fire loss, or potential fire loss.

(b) When an insurer provides any one (1) of the authorized agencies with notice

of a fire loss, or potential fire loss, pursuant to subsection (2)(a) of this

section, it shall be sufficient notice for the purpose of KRS 304.20 -160 to

304.20-190.

(c) Nothing in subsection (2) of this section shall abrogate or impair the rights or

powers created under subsection (1) of this section.

(3) The authorized agency provided with information pursuant to subsections (1) or (2)

of this section and in furtherance of its own purposes, may release or provide such

information to any of the other authorized agencies.

(4) Any insurer providing information to an authorized agency or agencies pursuant to

subsections (1) or (2) of this section shall have the right to request information

relevant to a claim by an insured, and receive, within a reasonable time n ot to

exceed thirty (30) days, the information requested.

(5) Any insurer, or person acting in its behalf, or authorized agency which in good faith

and without malice or fraudulent intent releases information, whether oral or

written, pursuant to subsectio ns (1) or (2) of this section shall not be liable either

civilly or criminally for its compliance with KRS 304.20 -160 to 304.20-190 unless

it has provided information which it knows, or has reason to believe, to be false,

inaccurate, or lacking substantial foundation in fact and unless the reporting of said

information is solely for the purpose of delaying or withholding payment of an

insurance claim, which the insurer would not otherwise be justified in delaying or

withholding.

(6) No insurer, or person ac ting on its behalf, shall provide information pursuant to

subsections (1) or (2) of this section which does not have substantial foundation in

fact or it knows or believes to be false, or inaccurate, and no such information shall

be reported solely for the purpose of delaying payment of a claim, which it

otherwise would not be justified in delaying.