(a) General rule.--An insurance company, and any agent, servant or employee acting in the course and scope of his employment, shall be immune from civil or criminal liability arising from the supply or release of written or oral information to any duly authorized Federal or State law enforcement agency, including the Insurance Department, upon compliance with the following:
(1) The information is supplied to the agency in connection with an allegation of fraudulent conduct on the part of any person relating to the filing or maintenance of a motor vehicle insurance claim for bodily injury or property damage.
(2) The insurance company, agent, servant or employee has probable cause to believe that the information supplied is reasonably related to the allegation of fraud.
(b) Notice to policyholder.--The insurance company shall send written notice to the policyholder or policyholders about whom the information pertains unless the insurance company receives notice that the authorized agency finds, based on specific facts, that there is reason to believe that the information will result in any of the following:
(1) Endangerment to the life or physical safety of any person.
(2) Flight from prosecution.
(3) Destruction of or tampering with evidence.
(4) Intimidation of any potential witness or witnesses.
(5) Obstruction of or serious jeopardy to an investigation.
The insurance company shall send written notice not sooner than 45 days nor more than 60 days from the time the information is furnished to an authorized agency except when the authorized agency specifies that a notice should not be sent in accordance with the exceptions enumerated in this subsection in which event the insurance company shall send written notice to the policyholder not sooner than 180 days nor more than 190 days following the date the information is furnished.
(c) Immunity for sending notice.--An insurance company or authorized agency and any person acting on behalf of an insurance company or authorized agency complying with or attempting in good faith to comply with subsection (b) shall be immune from civil liability arising out of any acts or omissions in so doing.
(d) Applicability.--Nothing in this section shall be construed to create any rights to privacy or causes of action on behalf of policyholders that are not in existence as of the effective date of this section.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
1984 Amendment. Act 12 amended subsec. (a).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 17 - Financial Responsibility
Section 1701 - Short title of chapter
Section 1703 - Application of chapter
Section 1704 - Administration of chapter
Section 1705 - Election of tort options
Section 1711 - Required benefits
Section 1712 - Availability of benefits
Section 1713 - Source of benefits
Section 1714 - Ineligible claimants
Section 1715 - Availability of adequate limits
Section 1716 - Payment of benefits
Section 1717 - Stacking of benefits
Section 1718 - Exclusion from benefits
Section 1719 - Coordination of benefits
Section 1721 - Statute of limitations
Section 1722 - Preclusion of recovering required benefits
Section 1723 - Reporting requirements
Section 1724 - Certain nonexcludable conditions
Section 1725 - Rental vehicles
Section 1731 - Availability, scope and amount of coverage
Section 1732 - Limits of coverage (Repealed)
Section 1733 - Priority of recovery
Section 1734 - Request for lower limits of coverage
Section 1735 - Coverages unaffected by workers' compensation benefits (Repealed)
Section 1736 - Coverages in excess of required amounts
Section 1738 - Stacking of uninsured and underinsured benefits and option to waive
Section 1744 - Termination of policies
Section 1752 - Eligible claimants
Section 1753 - Benefits available
Section 1754 - Additional coverage
Section 1755 - Coordination of benefits
Section 1757 - Statute of limitations
Section 1771 - Court reports on nonpayment of judgments
Section 1772 - Suspension for nonpayment of judgments
Section 1773 - Continuation of suspension until judgments paid and proof given
Section 1774 - Payments sufficient to satisfy judgments
Section 1775 - Installment payment of judgments
Section 1781 - Notice of sanction for not evidencing financial responsibility
Section 1782 - Manner of providing proof of financial responsibility
Section 1784 - Proof of financial responsibility following violation
Section 1785 - Proof of financial responsibility following accident
Section 1786 - Required financial responsibility
Section 1788 - Neighborhood electric vehicles
Section 1791 - Notice of available benefits and limits
Section 1791.1 - Disclosure of premium charges and tort options
Section 1791.2 - Motorcycle marshals
Section 1793 - Special provisions relating to premiums
Section 1794 - Compulsory judicial arbitration jurisdiction
Section 1795 - Insurance fraud reporting immunity
Section 1796 - Mental or physical examination of person
Section 1797 - Customary charges for treatment
Section 1798 - Attorney fees and costs
Section 1798.1 - Extraordinary medical benefit rate
Section 1798.3 - Unfunded liability report
Section 1798.4 - Catastrophic Loss Benefits Continuation Fund
Section 1799 - Restraint system
Section 1799.1 - Antitheft devices
Section 1799.2 - Driver improvement course discounts
Section 1799.4 - Examination of vehicle repairs
Section 1799.5 - Conduct of market study