2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1003 - Disclosure of information

(1)
(a)
When any person or insurer has reason to believe that a fire loss may have been caused by other than accidental means or that any insurance claim may be fraudulent, then such person may, and such insurer shall, notify an authorized agency or a secondary agency.
(b)
A notification pursuant to paragraph (a) of this subsection (1) shall be confidential, shall not constitute a public record under part 2 of article
72
of title
24
, C.R.S., and shall not be discoverable or admissible in any civil action.
(c)
No insurer, authorized agency, or secondary agency shall intentionally refuse to release any relevant information concerning a possible nonaccidental fire loss or fraudulent insurance act, upon request, to:
(I)
An insurer that is or could be required to pay a claim to which such information relates; or
(II)
Any authorized agency.
(2)
Any authorized agency may, in writing, require the insurer having an interest in a fire loss or other claim to release to the authorized agency specific, relevant information or evidence deemed important by the authorized agency which the insurer has in its possession and which relates to the fire loss or other claim in question. Relevant information may include, but shall not be limited to:
(a)
Insurance policy information pertaining to a fire loss or other claim under investigation and any application for such a policy;
(b)
Policy premium payment records;
(c)
History of previous claims made by the insured; and
(d)
Any other material relating to the investigation of the loss, including statements of any person who may have information about the loss and any proof of such loss.
(3)
Nothing in subsection (1) of this section shall abrogate or impair the rights or powers created under subsection (2) of this section.
(4)
Any authorized agency or secondary agency provided with relevant information or evidence pursuant to subsection (1) or (2) of this section may release such information to any other authorized agency, insurer, or secondary agency.
(5)
Any insurer providing information to an authorized or secondary agency or agencies pursuant to subsection (1) or (2) of this section may, in writing, request such agency to release to such insurer specific, relevant information or evidence relating to the fire loss or other claim under investigation. Such agency may, in its sole discretion, and with such restrictions as such agency deems appropriate, release such information to such insurer.
(6)
Any authorized agency or secondary agency receiving a notice or other information pursuant to this part 10 may release such notice or other information to other authorized agencies, insurers, or secondary agencies.
(7)
Any insurer providing information pursuant to subsection (1) or (2) of this section shall cooperate with any law enforcement agency of competent jurisdiction.
(8)
(a)
Any person that has reason to believe that a fire loss may have been caused by other than accidental means, that any insurance claim or application for insurance coverage may be fraudulent, or that a fraudulent insurance act has been committed, may, and any insurer that has reason to believe the same shall, furnish and disclose any relevant information in its possession concerning such loss, claim, or act to any insurer or authorized agency for the purpose of detecting, prosecuting, or preventing fraudulent insurance claims. Such reporting shall be confidential, shall not be a public record under article
72
of title
24
, C.R.S., and shall not be discoverable or admissible under the Colorado rules of civil procedure in any civil litigation, but only to the extent that the insurer or person disclosing the information is granted immunity under section
10-4-1005
. The immunity as set forth in section
10-4-1005
shall apply to any report made pursuant to this subsection (8). The commissioner of insurance may promulgate rules regarding such reporting.
(b)
Paragraph (a) of this subsection (8) shall not be construed to prohibit the admission of evidence of a fraudulent insurance act:
(I)
In any civil litigation involving such fraudulent insurance act; or
(II)
In any civil litigation involving the alleged disclosure of information as to which the insurer or person alleged to have made such disclosure does not have immunity under section
10-4-1005
.
(c)
An insurer disclosing information to another insurer under this subsection (8) may make a written request to such other insurer for the release of information relating to other fire losses, insurance claims, or applications for coverage submitted by the same insured or applicant; except that such request and any such release of information shall be solely for the purpose of detecting, investigating, preventing, or prosecuting an actual or suspected fraudulent insurance act. Information so provided shall not be used for underwriting or rating purposes except in connection with an application or policy under which a fraudulent insurance act was committed. Information released pursuant to such request shall be subject to the confidentiality and immunity provisions of paragraph (a) of this subsection (8).
Amended by 2013 Ch. 310,§ 2, eff. 8/7/2013.
L. 79: Entire part added, p. 391, § 1, effective June 7. L. 93: Entire part amended, p. 394, § 3, effective July 1. L. 94: (1) amended, p. 328, § 2, effective July 1. L. 96: (8) added, p. 289, § 4, effective July 1. L. 2000: (1) and (8) amended, p. 1734, § 2, effective June 1. L. 2013: (1)(a), IP(1)(c), (4), (5), and (6) amended, (HB 13-1262), ch. 310, p. 1638, § 2, effective August 7.