Title 25, Chapter 2, Section 33
( 25-2-33)
(a) The state fire marshal, any deputy designated by the state fire
marshal, the director of investigation of the Georgia Bureau of
Investigation or the chief of a fire department of any municipal
corporation or county where a fire department is established may
request any insurance company investigating a fire loss of real or
personal property to release any information in its possession
relative to that loss. The company shall release the information to
and cooperate with any official authorized to request such
information pursuant to this Code section. The information to be
released shall include, but is not limited to: (1) Any insurance policy relevant to the fire loss under
investigation and any application for such a policy; (2) Policy premium payment records on the policy, to the extent
available; (3) Any history of previous claims made by the insured for fire
loss with the reporting carrier; and (4) Material relating to the investigation of the loss, including
statements of any person, proof of loss, and any other relevant
evidence. (b) If an insurance company has reason to suspect that a fire loss
to its insured's real or personal property was caused by incendiary
means, the company shall notify the state fire marshal and furnish
him with all relevant material acquired by the company during its
investigation of the fire loss. The insurer shall also cooperate
with and take such action as may be requested of it by the state
fire marshal's office or by any law enforcement agency of competent
jurisdiction. The company shall also permit any person to inspect
its records pertaining to the policy and to the loss if the person
is authorized to do so by law or by an appropriate order of a
superior court of competent jurisdiction. (c) In the absence of fraud or malice, no insurance company or
person who furnishes information on its behalf shall be liable for
damages in a civil action or subject to criminal prosecution for any
oral or written statement made or any other action taken which is
necessary to supply information required pursuant to this Code
section. (d) The officials and departmental and agency personnel receiving
any information furnished pursuant to this Code section shall hold
the information in confidence until such time as its release is
required pursuant to a criminal or civil proceeding, provided that
nothing contained in this Code section shall be deemed to prohibit
representatives of the state fire marshal's office or other
authorized law enforcement officials from discussing such matters
with other agency or departmental personnel or with other law
enforcement officials or from releasing or disclosing any such
information during the conduct of their investigation, if the
release or disclosure is necessary to enable them to conduct their
investigation in an orderly and efficient manner; provided, further,
that nothing contained in this Code section shall prohibit an
insurance company which furnishes information to an authorized
agency or agencies pursuant to this Code section from having the
right to request relevant information and receive, within a
reasonable time not to exceed 30 days, the information requested. (e) Any official referred to in subsection (a) of this Code 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 against an insurance company for the fire loss in which any
person seeks recovery under a policy. (f)(1) No person shall purposely refuse to release any information
requested pursuant to subsection (a) of this Code section. (2) No person shall purposely refuse to notify the state fire
marshal of a fire loss required to be reported pursuant to
subsection (b) of this Code section. (3) No person shall purposely refuse to supply the state fire
marshal with pertinent information required to be furnished
pursuant to subsection (b) of this Code section. (4) No person shall purposely fail to hold in confidence
information required to be held in confidence by subsection (d) of
this Code section. (g) Any person willfully violating this Code section shall be guilty
of a misdemeanor. |