N.Y. Insurance Law § 319: Release of information resulting from insurers' investigation of fires

§ 319. Release of information resulting from insurers' investigation

of fires. (a) In this section, "authorized law enforcement agency"

means:

(1) any official of any agency authorized to investigate a fire at the

place where the fire occurred;

(2) the district attorney responsible for the prosecution in the

county where the fire occurred; and

(3) solely for the purpose of subsections (b) and (c) hereof, the

Federal Bureau of Investigation or any other federal agency, and the

United States attorney's office when authorized or charged with

investigation or prosecution of the fire in question.

(b) Each insurer authorized to issue policies covering losses incurred

to personal or real property through fire shall contact the appropriate

authorized law enforcement agency and release information in its

possession resulting from an investigation conducted by it pertaining to

any such fire loss, should the insurer be of the opinion that the fire

was caused by other than accidental means. The notification to a single

authorized agency shall be sufficient for purposes of this section,

provided, however, that in cities with a population over one million,

notification to the appropriate fire protection agency shall be

sufficient for the purposes of this section.

(c) Any authorized law enforcement agency may, in writing, require the

insurer to release, to that agency, any relevant information or evidence

deemed important to the authorized law enforcement agency that the

insurer may have in its possession relating to the fire loss in

question. Relevant information shall include, but shall not be limited

to:

(1) pertinent insurance policy information relevant to a fire loss

under investigation and any application for such a policy;

(2) policy premium payment records that are available;

(3) history of previous claims made by the insured; and

(4) material relating to the investigation of the loss, including

statements of any person, proof of loss, and any other evidence relevant

to the investigation.

(d) Any insurer providing information to an authorized law enforcement

agency or agencies concerning a particular fire loss for which the

insurer has provided information pursuant to this section shall have the

right to request relevant information and to receive within a reasonable

time, not to exceed thirty days after the receipt of such request, the

information requested, provided that the information is not subject to

the provisions of paragraphs (a), (e) and (f) of subdivision two of

section eighty-seven of the public officers law. This subsection shall

confer no substantive or procedural rights on a defendant in a criminal

action, proceeding or prosecution.

(e) The authorized agency provided with information pursuant to

subsection (c) hereof, in furtherance of its own purposes, may release

or provide such information to any other authorized law enforcement

agency.

(f) Any information or evidence furnished pursuant to this section

shall be held in confidence by the appropriate agency until such

information is required to be released pursuant to a criminal

proceeding, or if such agency shall be served a summons or subpoena to

testify as to any information or evidence in its possession regarding

such fire loss in any civil action where an insured or other person is

seeking recovery under a policy against an insurer for fire damage to

real or personal property.