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| Public Act 099-0159 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Property Fire Loss Act is amended by | ||||
changing Section 1 as follows:
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(215 ILCS 145/1) (from Ch. 73, par. 1153)
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Sec. 1.
(a) The Fire Marshal, the director of the | ||||
Department of Insurance
or personnel from any other authorized | ||||
fire department or
law enforcement agency charged with the | ||||
responsibility of investigating
a fire loss or potential fire | ||||
loss, may request any insurance company that
has investigated | ||||
or is investigating a fire loss or potential fire loss
of real | ||||
or personal property to release any factual information in its
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possession which is pertinent to this type of loss or potential | ||||
loss and
has some relationship to the loss or potential loss | ||||
itself. The company
shall release the information and cooperate | ||||
with any official authorized to
request such information | ||||
pursuant to this Section. The information shall
include, but is | ||||
not limited to:
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(1) Any insurance policy relevant to a fire loss or | ||||
potential fire loss
under investigation and any application for | ||||
such a policy;
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(2) Policy premium payment records;
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(3) History of previous claims made by the insured for fire | ||
loss;
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(4) Material relating to the investigation of the loss or | ||
potential
loss, including statements of any person, proof of | ||
loss, and any other
relevant evidence.
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(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
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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
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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
paragraphs (i), (iii), (iv), | ||
(v), (vi), and (vii) of paragraph (d) and (viii) of subsection | ||
(1) (c) 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.
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(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
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supply information required pursuant to this Section.
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(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.
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(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.
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(f) As used in this Section, "insurance company" includes | ||
the
Illinois Fair Plan Underwriting Association, and all | ||
district, county and
township mutual insurance companies.
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(g) (1) No person shall intentionally or knowingly refuse | ||
to release
any information properly requested, pursuant to | ||
paragraph (a) of this Section.
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(2) No person shall refuse to make the necessary | ||
notification of a
fire loss pursuant to paragraph (b) of this | ||
Section.
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(3) No person shall refuse to supply to the proper | ||
authorities
pertinent information required to be furnished | ||
pursuant to paragraph (b)
of this Section.
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(4) No person shall fail to hold in confidence information | ||
required
to be held in confidence by paragraph (d) of this | ||
Section.
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(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.
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(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.
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(Source: P.A. 86-1021.)
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