2014 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 20 - Casualty Insurance Contracts 20.20-160 Power of authorized agency to require insurer to furnish information concerning fire loss.
Download as PDF
304.20-160 Power of authorized agency to require insurer to furnish
information concerning fire loss.
(1)
(2)
(3)
(4)
(5)
(6)
Any authorized agency may, in writing, require an insurer at interest to release
to the requesting agency any or all relevant information or evidence deemed
important to the authorized agency which the insurer may have in its
possession, concerning a loss or potential loss due to fire of suspicious or
incendiary origin. Relevant information may include, without limitation herein:
(a) Pertinent insurance policy information pertaining to such fire loss and any
application for such a policy;
(b) Policy premium payment records;
(c) History of previous claims made by the insured;
(d) Material relating to such loss or potential loss.
(a) When an insurer has reason to believe that a fire loss, or potential fire
loss, in which it has an interest may be of other than accidental cause,
then, for the purpose of notification and for having such fire loss, or
potential fire loss, investigated, the insurer shall, in writing, notify any
authorized agency or agencies and provide them with any or all material
developed from the insurer's inquiry into the fire loss, or potential fire loss.
(b) When an insurer provides any one (1) of the authorized agencies with
notice of a fire loss, or potential fire loss, pursuant to subsection (2)(a) of
this section, it shall be sufficient notice for the purpose of KRS 304.20-160
to 304.20-190.
(c) Nothing in subsection (2) of this section shall abrogate or impair the rights
or powers created under subsection (1) of this section.
The authorized agency provided with information pursuant to subsections (1)
or (2) of this section and in furtherance of its own purposes, may release or
provide such information to any of the other authorized agencies.
Any insurer providing information to an authorized agency or agencies
pursuant to subsections (1) or (2) of this section shall have the right to request
information relevant to a claim by an insured, and receive, within a reasonable
time not to exceed thirty (30) days, the information requested.
Any insurer, or person acting in its behalf, or authorized agency which in good
faith and without malice or fraudulent intent releases information, whether oral
or written, pursuant to subsections (1) or (2) of this section shall not be liable
either civilly or criminally for its compliance with KRS 304.20-160 to 304.20-190
unless it has provided information which it knows, or has reason to believe, to
be false, inaccurate, or lacking substantial foundation in fact and unless the
reporting of said information is solely for the purpose of delaying or withholding
payment of an insurance claim, which the insurer would not otherwise be
justified in delaying or withholding.
No insurer, or person acting on its behalf, shall provide information pursuant to
subsections (1) or (2) of this section which does not have substantial
foundation in fact or it knows or believes to be false, or inaccurate, and no such
information shall be reported solely for the purpose of delaying payment of a
claim, which it otherwise would not be justified in delaying.
Effective:July 15, 1980
History: Created 1980 Ky. Acts ch. 313, sec. 2, effective July 15, 1980.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.