100A.2  Disclosure of information.

1.  An authorized agency may, in writing, require an insurance company to release to the agency relevant information or evidence requested by the agency which the company has in its possession relating to a fire loss. Relevant information includes but is not limited to:

a.  Insurance policy information relating to a fire loss under investigation including information on the policy application.

b.  Policy premium payment records.

c.  History of previous claims made by the insured.

d.  Material relating to the investigation of the loss, including statements of any person, proof of loss, and other evidence relevant to the investigation.

2.  When an insurance company has reason to believe that a fire loss insured by the company was caused by something other than an accident, the company shall, in writing, notify any authorized agency and provide it with all material possessed by the company relevant to an investigation of the fire loss or a prosecution for arson.

3.  An authorized agency provided with information pursuant to this section may provide the information to any other authorized agency for purposes of an investigation of a fire loss or a prosecution for arson.

4.  An insurance company providing information to an authorized agency pursuant to subsections 1 and 2 may request information relevant to the fire loss investigation from an authorized agency and shall be given the information within a reasonable time not exceeding thirty days.

5.  No civil action nor criminal prosecution may arise from any action taken pursuant to this section by an insurance company, a person acting in an insurance company's behalf, or an authorized agency, provided no malice is shown against the insured.

Section History: Early form

  [C81, § 100A.2]

Internal References

  Referred to in § 100A.3


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