§2187. Insurance fraud reporting immunity

1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Action" includes nonaction or the failure to take action.   [PL 1997, c. 675, §2 (NEW).]

B. "Authorized agency" or "authorized agencies" means:

(1) The Attorney General;

(2) A district attorney responsible for prosecution in the municipality where the fraud occurred;

(3) The Federal Bureau of Investigation, or any other federal agency, only for the purposes of subsection 2;

(4) The State Fire Marshal;

(5) The Superintendent of Insurance;

(6) The Superintendent of Financial Institutions;

(7) The United States Attorney's office when authorized or charged with investigation or prosecution of the insurance fraud in question, only for the purposes of subsection 2;

(8) The State Police, state law enforcement officials or local law enforcement officials; or

(9) The National Association of Insurance Commissioners.   [PL 2005, c. 433, §1 (AMD); PL 2005, c. 433, §28 (AFF).]

C. "Fraudulent insurance act" has the same meaning as in section 2186, subsection 1, paragraph A.   [PL 1997, c. 675, §2 (NEW).]

D. "Insurer" has the same meaning as in section 2186, subsection 1, paragraph B.   [PL 1997, c. 675, §2 (NEW).]

[PL 2005, c. 433, §1 (AMD); PL 2005, c. 433, §28 (AFF).]

2.  Information disclosed.  An authorized agency investigating insurance fraud may, in writing, require the insurance company at interest to release to the requesting agency any relevant information or evidence determined to be important to the authorized agency that the company may have in its possession relating to the insurance fraud in question. This information includes, but is not limited to:

A. A history of previous claims made by the insured;   [PL 1997, c. 675, §2 (NEW).]

B. Insurance policy information relevant to fraud under investigation and any application for that policy;   [PL 1997, c. 675, §2 (NEW).]

C. Material relating to the investigation of the loss including statements and proof of loss; and   [PL 1997, c. 675, §2 (NEW).]

D. Policy premium payment records.   [PL 1997, c. 675, §2 (NEW).]

[PL 1997, c. 675, §2 (NEW).]

3.  Exchange of information.  An authorized agency or insurer provided with information pursuant to this section may release or provide that information to any other authorized agency or insurer with an interest in the insurance fraud under investigation.

[PL 1997, c. 675, §2 (NEW).]

4.  Right to receive upon request.  Any insurer providing information to an authorized agency pursuant to this section has the right, upon request, to receive other information relevant to the fraud from that authorized agency within 30 days.

[PL 1997, c. 675, §2 (NEW).]

5.  Immunity.  In the absence of fraud, malice or bad faith, any person, including, but not limited to, an insurer or authorized agency, that furnished information relating to suspected, anticipated or completed fraudulent insurance acts is not liable for any damages in any civil action for furnishing the information if that information is furnished to or received from an authorized agency. Nothing in this subsection is intended to abrogate or modify in any way any common law or statutory privilege or immunity previously enjoyed by any person.

[PL 1997, c. 675, §2 (NEW).]

6.  Confidentiality.  An authorized agency or insurer that receives any information pursuant to this section shall hold it in confidence and may not release the information, except to another authorized agency, until its release is required for a criminal or civil proceeding.

[PL 1997, c. 675, §2 (NEW).]

SECTION HISTORY

PL 1997, c. 675, §2 (NEW). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF). PL 2005, c. 433, §1 (AMD). PL 2005, c. 433, §28 (AFF).