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Release of Fire Loss Information by Insurers on Request by State or Local Official; Immunity for Furnishing of Information; Confidentiality of Information Received; Testimony by Officials in Action Against Insurer

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The state fire marshal, any deputy designated by the state fire marshal, the director of the Georgia Bureau of Investigation or the chief of a fire department of any municipal corporation or county where a fire department is established may request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss. The company shall release the information to and cooperate with any official authorized to request such information pursuant to this Code section. The information to be released shall include, but is not limited to:
1. Any insurance policy relevant to the fire loss under investigation and any application for such a policy;
2. Policy premium payment records on the policy, to the extent available;
3. Any history of previous claims made by the insured for fire loss with the reporting carrier; and
4. Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant evidence.
If an insurance company has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the company shall notify the state fire marshal and furnish him with all relevant material acquired by the company during its investigation of the fire loss. The insurer shall also cooperate with and take such action as may be requested of it by the state fire marshal's office or by any law enforcement agency of competent jurisdiction. The company shall also permit any person to inspect its records pertaining to the policy and to the loss if the person is authorized to do so by law or by an appropriate order of a superior court of competent jurisdiction.
In the absence of fraud or malice, no insurance company or person who furnishes information on its behalf shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken which is necessary to supply information required pursuant to this Code section.
The officials and departmental and agency personnel receiving any information furnished pursuant to this Code section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding, provided that nothing contained in this Code section shall be deemed to prohibit representatives of the state fire marshal's office or other authorized law enforcement officials from discussing such matters with other agency or departmental personnel or with other law enforcement officials or from releasing or disclosing any such information during the conduct of their investigation, if the release or disclosure is necessary to enable them to conduct their investigation in an orderly and efficient manner; provided, further, that nothing contained in this Code section shall prohibit an insurance company which furnishes information to an authorized agency or agencies pursuant to this Code section from having the right to request relevant information and receive, within a reasonable time not to exceed 30 days, the information requested.
Any official referred to in subsection (a) of this Code 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 against an insurance company for the fire loss in which any person seeks recovery under a policy.
1. No person shall purposely refuse to release any information requested pursuant to subsection (a) of this Code section.
2. No person shall purposely refuse to notify the state fire marshal of a fire loss required to be reported pursuant to subsection (b) of this Code section.
3. No person shall purposely refuse to supply the state fire marshal with pertinent information required to be furnished pursuant to subsection (b) of this Code section.
4. No person shall purposely fail to hold in confidence information required to be held in confidence by subsection (d) of this Code section.
Any person willfully violating this Code section shall be guilty of a misdemeanor.

(Ga. L. 1977, p. 1232, § 1; Ga. L. 1981, p. 825, § 1; Ga. L. 1982, p. 3, § 25; Ga. L. 2005, p. 599, § 7/SB 146.)

Cross references.

- Property insurance generally, T. 33, C. 32.

OPINIONS OF THE ATTORNEY GENERAL

Restriction on persons entitled to request information.

- In cases where the insurance company does not have reason to suspect incendiary causes, only those persons designated in O.C.G.A § 25-2-33(a) may request release of fire loss information from an insurance company. 1989 Op. Att'y Gen. No 89-14.

Requests from law enforcement agencies.

- Any law enforcement agency of competent jurisdiction may request an insurance company to release fire loss information in cases when the insurance company has reason to suspect that the fire loss was caused by incendiary means. 1989 Op. Att'y Gen. No 89-14.

Scope of directive to cooperative with law enforcement agencies.

- O.C.G.A. § 25-2-33(b) directive to insurance companies to cooperate with any law enforcement agency of competent jurisdiction includes such persons as sheriffs, county police, and other peace officers of proper jurisdiction. 1989 Op. Att'y Gen. No 89-14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abstracts of Title, § 7 et seq. 18A Am. Jur. 2d, Corporations, §§ 285 et seq., 333 et seq. 66 Am. Jur. 2d, Records and Recording Laws, §§ 21, 25.

C.J.S.

- 46A C.J.S., Insurance, § 1807.

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