Public Act 099-0159
 
HB3909 EnrolledLRB099 09722 MLM 29931 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Property Fire Loss Act is amended  by 
changing Section 1 as follows:
 



    (215 ILCS 145/1)  (from Ch. 73, par. 1153)



    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

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:

    (1) Any insurance policy relevant to a fire loss or 
potential fire loss
under investigation and any application for 
such a policy;

    (2) Policy premium payment records;

    (3) History of previous claims made by the insured for fire 
loss;

    (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.

    (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

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

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.

    (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

supply information required pursuant to this Section.

    (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.

    (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.

    (f) As used in this Section, "insurance company" includes 
the
Illinois Fair Plan Underwriting Association, and all 
district, county and
township mutual insurance companies.

    (g)  (1) No person shall intentionally or knowingly refuse 
to release
any information properly requested, pursuant to 
paragraph (a) of this Section.

    (2) No person shall refuse to make the necessary 
notification of a
fire loss pursuant to paragraph (b) of this 
Section.

    (3) No person shall refuse to supply to the proper 
authorities
pertinent information required to be furnished 
pursuant to paragraph (b)
of this Section.

    (4) No person shall fail to hold in confidence information 
required
to be held in confidence by paragraph (d) of this 
Section.

    (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.

    (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.

(Source: P.A. 86-1021.)