By Burnam H.B. No. 205 76R186 DB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain insurance investigations regarding burglary or 1-3 robbery losses or death claims. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-6 amended by adding Article 21.49C to read as follows: 1-7 Art. 21.49C. REPORT OF CLAIMS INFORMATION ABOUT BURGLARY, 1-8 ROBBERY, OR DEATH. (a) The state fire marshal, the fire marshal 1-9 of a political subdivision in this state, the chief of a fire 1-10 department in this state, or a peace officer in this state may 1-11 request an insurance company investigating a claimed burglary or 1-12 robbery loss or a death claim seeking life insurance proceeds to 1-13 release information in its possession relative to that claimed 1-14 loss. The company shall release the information to and cooperate 1-15 with any official authorized to request the information under this 1-16 article. The information may include but may not exceed: 1-17 (1) an insurance policy relevant to an insurance claim 1-18 under investigation and the application for that policy; 1-19 (2) policy premium payment records; 1-20 (3) the history of previous claims made by the 1-21 insured; and 1-22 (4) material relating to the investigation of the 1-23 insurance claim, including statements of any person, proof of loss, 1-24 or other relevant evidence. 2-1 (b) This article does not authorize a public official or 2-2 agency to adopt or require any form of periodic report by an 2-3 insurer. 2-4 (c) If an insurance company receives a request for 2-5 information under Subsection (a) of this article regarding a claim 2-6 that the insurance company has reason to believe is false, 2-7 fraudulent, or exaggerated, the company shall: 2-8 (1) notify the requesting official; 2-9 (2) furnish that official with all relevant material 2-10 acquired during the company's investigation of the insurance claim; 2-11 (3) cooperate with and take action as requested by any 2-12 law enforcement agency; and 2-13 (4) permit any person ordered by a court to inspect 2-14 its records relating to the policy and the loss. 2-15 (d) In the absence of fraud or malice, an insurance company 2-16 or a person who furnishes information on behalf of an insurance 2-17 company is not liable for damages in a civil action or subject to 2-18 criminal prosecution for an oral or written statement made, or any 2-19 other action taken, that is necessary to supply information 2-20 required under this article. 2-21 (e) The officials and department personnel receiving 2-22 information under this article shall maintain the information in 2-23 confidence until the release of the information is required during 2-24 a criminal or civil proceeding. 2-25 (f) An official subject to Subsection (a) of this article 2-26 may be required to testify regarding information in the official's 2-27 possession relating to the insurance claim in a civil action in 3-1 which a person seeks recovery under an insurance policy against an 3-2 insurance company for the insurance claim. 3-3 (g) A person may not intentionally: 3-4 (1) refuse to release information requested under 3-5 Subsection (a) of this article; 3-6 (2) refuse to notify an official subject to Subsection 3-7 (a) of this article of an insurance claim required to be reported 3-8 under Subsection (c) of this article; 3-9 (3) refuse to supply an official subject to Subsection 3-10 (a) of this article with pertinent information required to be 3-11 furnished under Subsection (c) of this article; or 3-12 (4) violate the confidentiality requirements imposed 3-13 under Subsection (e) of this article. 3-14 SECTION 2. This Act takes effect September 1, 1999, and 3-15 applies only to a claim for a burglary or robbery loss or a death 3-16 claim seeking life insurance proceeds that is filed with an 3-17 insurance company on or after that date. 3-18 SECTION 3. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended.