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Home > Statutes > Usa Arizona
USA Statutes : arizona
Title : Insurance
Chapter : AUTOMOBILE THEFT, FIRE AND ARSON REPORTING IMMUNITY
20-1901 Definitions
In this chapter, unless the context otherwise requires:
1. "Authorized agency" means:
(a) The state fire marshal when authorized or charged with the investigation of a
fire.
(b) The director of the department of public safety.
(c) A county attorney.
(d) A county sheriff.
(e) The attorney general.
(f) The fire department of any city, town or county of this state.
(g) A police agency of any city, town or county of this state.
(h) Solely for the purposes of section 20-1902, subsection A, the federal bureau of
investigation, any other federal agency or the United States attorney general's office
when authorized or charged with investigation or prosecution of a crime in this state.
(i) The automobile theft authority.
2. "Insurer" means every person or entity engaged in the business of making
contracts of insurance in this state.
3. "Relevant" means having any tendency to make the existence of any fact that is
of consequence to the investigation or determination of the issue more probable or less
probable than it would be without the evidence.

20-1902 Disclosure of information
A. An authorized agency may, in writing, require an insurer to release to such
other authorized agency any relevant information which the insurer has in its possession
relating to a loss which such authorized agency is investigating including:
1. Application for an insurance policy.
2. Policy premium payment records.
3. History of previous claims made by the insured.
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.
B. If an insurer has reason to believe that a loss in which it has an interest may
be based on a false or fraudulent claim such insurer shall, in writing, notify an
authorized agency and provide it with all material developed from the insurer's inquiry
into the loss. Notice to any one of the authorized agencies listed in section 20-1901,
paragraph 1, subdivisions (a) through (g) shall be sufficient notice for the purpose of
this subsection.
C. Nothing in subsection B of this section shall abrogate or impair the rights or
powers created under subsection A of this section.
D. The authorized agency provided with information pursuant to subsection A or B of
this section shall upon request release or provide such information to any other
authorized agency.
E. An insurer providing information to an authorized agency shall have the right to
request in writing from such agency relevant information and receive, within a reasonable
time, not to exceed thirty days, the information requested. The relevant information
shall not include non-conviction criminal history record information nor any other
information detrimental to another ongoing criminal investigation or that would reveal
the identity of a confidential source of information.

20-1903 Immunity from liability for disclosure of information
Any insurer, its employees or agents or an authorized agency that releases
information in good faith pursuant to this chapter is immune from civil liability or
criminal penalty based upon the release of the information.

20-1904 Confidentiality of information
An authorized agency who receives information pursuant to this chapter shall hold
the information in confidence until such time as its release is required pursuant to this
chapter or pursuant to a criminal or civil proceeding.

20-1905 Authorized agency as witness
An authorized agency or personnel of such agency may be required to testify in any
litigation in which an insurer is named as a party.

20-1906 Violation; classification
A person, insurer or authorized agency that knowingly fails to provide information
pursuant to section 20-1902, subsection A or who knowingly fails to hold information in
confidence pursuant to section 20-1904 is guilty of a class 2 misdemeanor.

20-1907 Application of chapter
The provisions of this chapter shall not be construed to affect or repeal any local
ordinance relating to fire prevention or the control of arson.

 
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