(215 ILCS 145/0.1) (from Ch. 73, par. 1152.1)
Sec. 0.1.
This Act shall be known and may be cited as the "Property Fire Loss Act".
(Source: P.A. 81-682.)
(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:
(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
(i), (iii), (iv), (v), (vi), and (vii) of paragraph (d) of subsection (1) 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. 99-159, eff. 1-1-16.)
Structure Illinois Compiled Statutes
215 ILCS 5/ - Illinois Insurance Code.
215 ILCS 93/ - Small Employer Health Insurance Rating Act.
215 ILCS 97/ - Illinois Health Insurance Portability and Accountability Act.
215 ILCS 100/ - Reinsurance Intermediary Act.
215 ILCS 105/ - Comprehensive Health Insurance Plan Act.
215 ILCS 106/ - Childrens Health Insurance Program Act.
215 ILCS 107/ - Producer Controlled Insurer Act.
215 ILCS 109/ - Dental Care Patient Protection Act.
215 ILCS 110/ - Dental Service Plan Act.
215 ILCS 111/ - Uniform Electronic Transactions in Dental Care Billing Act.
215 ILCS 113/ - Employee Leasing Company Act.
215 ILCS 115/ - Employees Dental Freedom of Choice Act.
215 ILCS 120/ - Farm Mutual Insurance Company Act of 1986.
215 ILCS 121/ - Navigator Certification Act.
215 ILCS 122/ - Illinois Health Benefits Exchange Law.
215 ILCS 123/ - Health Care Purchasing Group Act.
215 ILCS 124/ - Network Adequacy and Transparency Act.
215 ILCS 125/ - Health Maintenance Organization Act.
215 ILCS 130/ - Limited Health Service Organization Act.
215 ILCS 132/ - Illinois Long-Term Care Partnership Program Act.
215 ILCS 134/ - Managed Care Reform and Patient Rights Act.
215 ILCS 136/ - Portable Electronics Insurance Act.
215 ILCS 138/ - Uniform Prescription Drug Information Card Act.
215 ILCS 139/ - Uniform Health Care Service Benefits Information Card Act.
215 ILCS 145/ - Property Fire Loss Act.
215 ILCS 150/ - Religious and Charitable Risk Pooling Trust Act.
215 ILCS 152/ - Service Contract Act.
215 ILCS 153/ - Structured Settlement Protection Act.
215 ILCS 155/ - Title Insurance Act.
215 ILCS 156/ - Topical Eye Medication Prescription Act.
215 ILCS 157/ - Use of Credit Information in Personal Insurance Act.
215 ILCS 159/ - Viatical Settlements Act of 2009.
215 ILCS 165/ - Voluntary Health Services Plans Act.
215 ILCS 170/ - Covering ALL KIDS Health Insurance Act.
215 ILCS 175/ - Organ Transplant Medication Notification Act.
215 ILCS 180/ - Health Carrier External Review Act.
215 ILCS 185/ - Unclaimed Life Insurance Benefits Act.
215 ILCS 190/ - Short-Term, Limited-Duration Health Insurance Coverage Act.
215 ILCS 200/ - Prior Authorization Reform Act.
215 ILCS 205/ - Private Primary Residential Flood Insurance Act.
215 ILCS 210/ - Health Insurance Coverage Premium Misalignment Study Act.