The Insurance Committee for Arson Control (ICAC) a non-profit insurance industry organization dedicated to arson control, has
brought a 20-year old compendium of state arson reporting laws into the digital age of hyperlinks and the World Wide Web.
ICAC has updated the citations to the state laws that govern an insurer’s arson reporting responsibilities and provided a hyperlink to the applicable portion of the state code. The report summarizes the key trends among the state arson reporting laws.
“Analysis yielded several recurring regulatory themes or patterns,”
Ken Marshall, Industry Knowledge Manager for the National Association of Mutual Insurance Companies, said. “Perhaps
the most significant finding is that all states continue to provide
immunity to insurers from any threat of prosecution related to their duty to report information about suspected cases of arson.”
The analysis yielded other common regulatory themes or patterns. Among them are:
· 33 states require a regulator’s request to an insurer for
information about suspected arson be in writing;
· 43 states specifically treat insurer-provided information in
confidence, except as may be used in a civil/criminal proceeding;
· In 46 states, insurers who suspect arson must notify the appropriate state authority such as the fire marshal or insurance commissioner;
· 28 states specify penalties if insurers fail to report suspected
arson or do not abide by the laws covering arson reporting; and
· 31 states permit insurers to request information from other state
agencies when a regulator requests information from them. In Colorado and Oklahoma, however, the agency may decline the insurer’s request.
The complete, updated report and summary may be accessed at http://www.arsoncontrol.org/default.asptarget=/2002/reporting/highlights.htm.
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