Connecticut 2018 Regular Session

Connecticut Senate Bill SB00469 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 469
2		-	February Session, 2018 _____SB00469JUD___032918____
	1	+	General Assembly Raised Bill No. 469
	2	+	February Session, 2018 LCO No. 2256
	3	+	02256_______JUD
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 469
	10	+	Raised Bill No. 469
7	11
8	12		February Session, 2018
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10		-	~~_____SB00469JUD___032918____~~
	14	+	LCO No. 2256
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12		-	AN ACT CONCERNING INFORMATION TO BE FURNISHED BY AN INSURANCE COMPANY RELATIVE TO FIRE OR EXPLOSION LOSS.
	16	+	02256_______JUD
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
	23	+
	24	+	AN ACT CONCERNING INFORMATION TO BE FURNISHED BY AN INSURANCE COMPANY RELATIVE TO FIRE LOSSES.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16	28		Section 1. Section 38a-318 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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18		-	(a) Any authorized agency may, in writing, request any insurance company to release information relative to any investigation [it~~] the insurance company~~ has made concerning a loss or potential loss due to fire [of suspicious] or explosion of undetermined or incendiary origin, which shall include, but not be limited to: (1) An insurance policy relative to such loss, (2) policy premium records, (3) history of previous claims, and (4) other relevant material relating to such loss or potential loss.
	30	+	(a) Any authorized agency may, in writing, request any insurance company to release information relative to any investigation it has made concerning a loss or potential loss due to fire [of suspicious] or explosion of undetermined or incendiary origin, which shall include but not be limited to: (1) An insurance policy relative to such loss, (2) policy premium records, (3) history of previous claims, and (4) other relevant material relating to such loss or potential loss.
19	31
20		-	(b) If any insurance company has reason to suspect that a fire ~~or explosion~~ loss to its insured's real or personal property was caused by ~~undetermined or~~ incendiary means, the company shall furnish any authorized agency with all relevant material acquired during its investigation of the fire ~~or explosion~~ loss, cooperate with and take such action as may be requested of [it~~] the insurance company~~ by the authorized agency and permit any person ordered by a court to inspect any of its records pertaining to the policy and the ~~fire or explosion~~ loss. [Such~~] The~~ insurance company may request any authorized agency to release information relative to any investigation [it~~] the company~~ has made concerning any such fire ~~or explosion~~ loss of [suspicious] undetermined or incendiary origin.
	32	+	(b) If any insurance company has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the company shall furnish any authorized agency with all relevant material acquired during its investigation of the fire loss, cooperate with and take such action as may be requested of it by the authorized agency and permit any person ordered by a court to inspect any of its records pertaining to the policy and the loss. Such insurance company may request any authorized agency to release information relative to any investigation it has made concerning any such fire loss of [suspicious] undetermined or incendiary origin.
21	33
22		-	(c) No insurance company, authorized agency or person who furnished information on behalf of such ~~insurance~~ company or agency, shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information requested pursuant to this section, unless there is fraud, actual malice or conduct relating to the release of such information which constitutes a criminal act.
	34	+	(c) No insurance company, authorized agency or person who furnished information on behalf of such company or agency, shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information requested pursuant to this section, unless there is fraud, actual malice or conduct relating to the release of such information which constitutes a criminal act.
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24	36		(d) Except as provided in subsection (h) of this section, any authorized agency receiving any information furnished pursuant to this section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
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26		-	(e) Any authorized agency personnel may be required to testify as to any information in the agency's possession regarding the fire ~~or explosion~~ loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company for the fire ~~or explosion~~ loss.
	38	+	(e) Any authorized agency personnel may be required to testify as to any information in the agency's possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company for the fire loss.
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28		-	(f) For the purposes of this section, "authorized agency" means: (1) The State Fire Marshal or the local fire marshal when authorized or charged with the investigation of fires ~~or explosions~~ at the place where the fire ~~or explosion~~ actually took place; (2) a federal, state or local peace officer when authorized or charged with the investigation of fires ~~or explosions~~ at the place where the fire ~~or explosion~~ actually took place; and [(2)] (3) the Insurance Commissioner.
	40	+	(f) For the purposes of this section, "authorized agency" means: (1) The State Fire Marshal or the local fire marshal when authorized or charged with the investigation of fires at the place where the fire actually took place; (2) a federal, state or local peace officer when authorized or charged with the investigation of fires at the place where the fire actually took place; and [(2)] (3) the Insurance Commissioner.
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30	42		(g) For the purposes of this section, "insurance company" [shall include] includes organizations issuing insurance policies in this state pursuant to the provisions of section 38a-328.
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32	44		(h) Any authorized agency provided with information pursuant to subsection (a) or (b) of this section, may, in furtherance of its own purposes, release any information in its possession to any other authorized agency.
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34	46		(i) The provisions of this section shall apply to fire losses occurring on or after October 1, 1979.
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36	48
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39	51		This act shall take effect as follows and shall amend the following sections:
40	52		Section 1 October 1, 2018 38a-318
41	53
42	54		This act shall take effect as follows and shall amend the following sections:
43	55
44	56		Section 1
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46	58		October 1, 2018
47	59
48	60		38a-318
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50		-	Statement of ~~Legislative Commissioners~~:
	62	+	Statement of Purpose:
51	63
52		-	~~Throughout~~ the ~~bill, additional references to "explosions" were added for consistency~~.
	64	+	To allow state and local law enforcement agencies to obtain insurance records from insurance companies to aid in the investigation of arson fires.
53	65
54		-
55		-
56		-	JUD Joint Favorable Subst. -LCO
57		-
58		-	JUD
59		-
60		-	Joint Favorable Subst. -LCO
	66	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]