Public Act 099-0159
 
HB3909 EnrolledLRB099 09722 MLM 29931 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Property Fire Loss Act is amended by
changing Section 1 as follows:
 
    (215 ILCS 145/1)  (from Ch. 73, par. 1153)
    Sec. 1. (a) The Fire Marshal, the director of the
Department of Insurance or personnel from any other authorized
fire department or law enforcement agency charged with the
responsibility of investigating a fire loss or potential fire
loss, may request any insurance company that has investigated
or is investigating a fire loss or potential fire loss of real
or personal property to release any factual information in its
possession which is pertinent to this type of loss or potential
loss and has some relationship to the loss or potential loss
itself. The company shall release the information and cooperate
with any official authorized to request such information
pursuant to this Section. The information shall include, but is
not limited to:
    (1) Any insurance policy relevant to a fire loss or
potential fire loss under investigation and any application for
such a policy;
    (2) Policy premium payment records;
    (3) History of previous claims made by the insured for fire
loss;
    (4) Material relating to the investigation of the loss or
potential loss, including statements of any person, proof of
loss, and any other relevant evidence.
    (b) If an insurance company has reason to believe that a
fire loss to its insured's real or personal property was caused
by other than accidental means, the company shall notify the
Fire Marshal, the director of the Department of Insurance or
any other appropriate law enforcement agency charged with the
responsibility to investigate fire losses and furnish such
persons with all relative material acquired during its
investigation of the fire loss, cooperate with and take such
reasonable action as may be requested by any law enforcement
agency, and cooperate with the Court and administrative
agencies of the State, and any official from the Fire Marshal's
office, the office of the director of the Department of
Insurance or any law enforcement agency charged with the
responsibility to investigate the fire. Such insurance company
may request officials and departmental and agency personnel
receiving information on fire losses or potential fire losses
to release information relative to any investigation it has
made concerning any such fire loss or potential loss reported
by such company. Subject to the provisions of subsection (a) of
this Section and subparagraphs paragraphs (i), (iii), (iv),
(v), (vi), and (vii) of paragraph (d) and (viii) of subsection
(1) (c) of Section 7 of the Freedom of Information Act, such
insurance company shall have the right to receive, within a
reasonable time, not to exceed 30 days after the receipt of
such request, the relevant information requested.
    (c) In the absence of malice, no insurance company, or
person who furnishes information on its behalf, or authorized
person, department or agency as defined in subsection (a) who
releases information, is liable for damages in a civil action
or subject to criminal prosecution for any oral or written
statement made or any other action taken that is necessary to
supply information required pursuant to this Section.
    (d) The officials and departmental and agency personnel
receiving any information furnished pursuant to this Section
shall hold the information in confidence until such time as its
release is required pursuant to this Section or a criminal or
civil proceeding.
    (e) Any official referred to in paragraph (a) of this
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 in which any person seeks recovery under a
policy against an insurance company for the fire loss.
    (f) As used in this Section, "insurance company" includes
the Illinois Fair Plan Underwriting Association, and all
district, county and township mutual insurance companies.
    (g)  (1) No person shall intentionally or knowingly refuse
to release any information properly requested, pursuant to
paragraph (a) of this Section.
    (2) No person shall refuse to make the necessary
notification of a fire loss pursuant to paragraph (b) of this
Section.
    (3) No person shall refuse to supply to the proper
authorities pertinent information required to be furnished
pursuant to paragraph (b) of this Section.
    (4) No person shall fail to hold in confidence information
required to be held in confidence by paragraph (d) of this
Section.
    (h) Whoever violates paragraph (g) (1), (2), (3) or (4) of
this Section is guilty of a Class C misdemeanor and is subject
to a fine not to exceed $100. It shall not be considered a
violation of this Section if an insurance company in good
faith, believes it has done everything required of it by this
Statute.
    (i) A fire department or law enforcement agency that has
investigated or is investigating a fire loss or potential fire
loss of real or personal property may release to an insurer of
such property any factual information, including statements,
in its possession which is pertinent or related to the type of
loss or potential loss.
(Source: P.A. 86-1021.)