PRINTER'S NO. 1237
No. 1106 Session of 1979
INTRODUCED BY VROON, YOHN, F. TAYLOR, E. H. SMITH, HALVERSON,
CORNELL, PYLES AND MACKOWSKI, APRIL 30, 1979
REFERRED TO COMMITTEE ON INSURANCE, APRIL 30, 1979
AN ACT
1 Providing for certain authorized agencies to receive from
2 insurance companies information relating to fire losses;
3 providing for insurance companies to notify authorized
4 agencies of suspicious fire losses, providing for immunity
5 for insurance companies that provide information under this
6 act; providing for the exchange and confidentiality of
7 information and providing penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the "Arson
12 Reporting Immunity Act."
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have, unless the context clearly indicates otherwise, the
16 meanings given to them in this section:
17 "Action." Includes nonaction or the failure to take action.
18 "Authorized agencies."
19 (1) For the purposes of this act:
20 (i) the State Police Commissioner when authorized or
1 charged with the investigation of fires at the place
2 where the fire actually took place;
3 (ii) the Fire Commissioner or Fire Chief of all
4 first, second, second class A and third class cities;
5 (iii) the prosecuting attorney responsible for
6 prosecutions in the county where the fire occurred; or
7 (iv) the State's attorney responsible for the
8 prosecution in the county where the fire occurred.
9 (2) Solely for the purposes of section 3(a):
10 (i) the Federal Bureau of Investigation or Federal
11 Bureau of Alcohol, Tobacco and Firearms; or
12 (ii) the United States Attorney's Office when
13 authorized or charged with investigation or prosecution
14 of the fire in question.
15 "Insurance company." Includes the Pennsylvania Fair Plan
16 created pursuant to the act of July 31, 1968 (P.L.738, No.233),
17 known as "The Pennsylvania Fair Plan Act."
18 "Relevant." Information having any tendency to make the
19 existence of any fact that is of consequence to the
20 investigation or determination of the issue more probable or
21 less probable than it would be without the evidence.
22 Section 3. Disclosure of information.
23 (a) Fire loss information.--Any authorized agency may, in
24 writing, require the insurance company at interest to release to
25 the requesting agency any or all relevant information or
26 evidence deemed important to the authorized agency which the
27 company may have in its possession, relating to the fire loss in
28 question. Material shall be deemed important, if within the sole
29 discretion of the authorized agency, such material is requested
30 by the authorized agency. Relevant information may include,
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1 without limitation herein:
2 (1) pertinent insurance policy information relevant to a
3 fire loss under investigation and any application for such a
4 policy;
5 (2) policy premium payment records which are available;
6 (3) history of previous claims made by the insured; and
7 (4) material relating to the investigation of the loss,
8 including statements of any person, proof of loss and any
9 other evidence relevant to the investigation.
10 (b) Notification for investigation.--
11 (1) When an insurance company has reason to believe that
12 a fire loss in which it has an interest may be of other than
13 accidental cause, the company shall notify in writing an
14 authorized agency and provide it with any or all material
15 developed from the company's inquiry into the fire loss. Such
16 notification shall be sufficient notice for purposes of this
17 act.
18 (2) Nothing in section 3(b) shall abrogate or impair any
19 rights or duties created under section 3(a).
20 (c) Release of information.--The authorized agency provided
21 with information pursuant to section 3(a) or 3(b) and in
22 furtherance of its own purposes, may release or provide such
23 information to any of the other authorized agencies.
24 (d) Furnishing of information to insurance company.--Any
25 insurance company providing information regarding a specific
26 fire loss to an authorized agency or agencies pursuant to
27 section 3(a) or 3(b), shall have the right to receive any
28 relevant information on that fire loss from the authorized
29 agency, within a period not to exceed 30 days.
30 (e) Immunity.--Any insurance company, or person designated
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1 to act in its behalf; or authorized agency who releases
2 information, whether oral or written, pursuant to section 3(a)
3 or 3(b) shall be immune from any liability arising out of a
4 civil action and from criminal prosecution unless there be
5 actual malice.
6 Section 4. Evidence.
7 (a) Confidential information.--Any authorized agency and
8 insurance company described in section 2 or 3 who receives any
9 information furnished pursuant to this act, shall hold the
10 information in confidence until such time as its release is
11 required pursuant to a criminal or civil proceeding.
12 (b) Testimony.--Any authorized agency or their personnel,
13 may be required to testify in any litigation in which the
14 insurance company at interest is named as a party.
15 Section 5. Penalty.
16 Any person who fails or refuses to release any information
17 required to be released under this act or who discloses
18 information required to be held in confidence, or who otherwise
19 violates any provision of this act shall, upon conviction
20 thereof, be guilty of a misdemeanor of the third degree.
21 Section 6. Construction of act.
22 (a) Municipal ordinances.--The provisions of this act shall
23 not be construed to affect or repeal any ordinance of any
24 municipality relating to fire prevention or the control of
25 arson.
26 (b) Impairment of rights not intended.--With the exception
27 of section 3(e), all other provisions of this act shall not be
28 construed to impair any existing statutory or common law rights,
29 powers or duties.
30 Section 7. Effective date.
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1 This act shall take effect in 60 days.
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