2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 17 - Financial Responsibility
1795 - Insurance fraud reporting immunity.

     § 1795.  Insurance fraud reporting immunity.
        (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).