2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 319 - Release of Information Resulting From Insurers' Investigation of Fires.

§  319.  Release of information resulting from insurers' investigation
of fires. (a) In  this  section,  "authorized  law  enforcement  agency"
means:
(1) any official of any agency authorized to investigate a fire at the
place where the fire occurred;
(2)  the  district  attorney  responsible  for  the prosecution in the
county where the fire occurred; and
(3) solely for the purpose of subsections  (b)  and  (c)  hereof,  the
Federal  Bureau  of  Investigation  or any other federal agency, and the
United  States  attorney's  office  when  authorized  or  charged   with
investigation or prosecution of the fire in question.
(b) Each insurer authorized to issue policies covering losses incurred
to  personal or real property through fire shall contact the appropriate
authorized  law  enforcement  agency  and  release  information  in  its
possession resulting from an investigation conducted by it pertaining to
any  such  fire loss, should the insurer be of the opinion that the fire
was caused by other than accidental means. The notification to a  single
authorized  agency  shall  be  sufficient  for purposes of this section,
provided, however, that in cities with a population  over  one  million,
notification   to  the  appropriate  fire  protection  agency  shall  be
sufficient for the purposes of this section.
(c) Any authorized law enforcement agency may, in writing, require the
insurer to release, to that agency, any relevant information or evidence
deemed important to the  authorized  law  enforcement  agency  that  the
insurer  may  have  in  its  possession  relating  to  the  fire loss in
question. Relevant information shall include, but shall not  be  limited
to:
(1)  pertinent  insurance  policy  information relevant to a fire loss
under investigation and any application for such a policy;
(2) policy premium payment records that are available;
(3) history of previous claims made by the insured; and
(4) material relating to the  investigation  of  the  loss,  including
statements of any person, proof of loss, and any other evidence relevant
to the investigation.
(d) Any insurer providing information to an authorized law enforcement
agency  or  agencies  concerning  a  particular  fire loss for which the
insurer has provided information pursuant to this section shall have the
right to request relevant information and to receive within a reasonable
time, not to exceed thirty days after the receipt of such  request,  the
information  requested,  provided that the information is not subject to
the provisions of paragraphs (a), (e) and  (f)  of  subdivision  two  of
section  eighty-seven  of the public officers law. This subsection shall
confer no substantive or procedural rights on a defendant in a  criminal
action, proceeding or prosecution.
(e)  The  authorized  agency  provided  with  information  pursuant to
subsection (c) hereof, in furtherance of its own purposes,  may  release
or  provide  such  information  to  any other authorized law enforcement
agency.
(f) Any information or evidence furnished  pursuant  to  this  section
shall  be  held  in  confidence  by  the  appropriate  agency until such
information  is  required  to  be  released  pursuant  to   a   criminal
proceeding,  or  if such agency shall be served a summons or subpoena to
testify as to any information or evidence in  its  possession  regarding
such  fire  loss in any civil action where an insured or other person is
seeking recovery under a policy against an insurer for  fire  damage  to
real or personal property.