A.R.S. tit. 20 ch. 9 — Arizona Revised Statutes Title 20 Chapter 9 — Automobile Theft, Fire And Arson Reporting Immunity

20-1901. Definitions In this chapter, unless the context otherwise requires: 1. "Authorized agency" means: (a) The office of the state fire marshal when authorized or charged with the investigation of a fire. (b) The director of the department of public safety. (c) A county attorney. (d) A county sheriff. (e) The attorney general. (f) The fire department of any city, town or county of this state. (g) A police agency of any city, town or county of this state. (h) Solely for the purposes of section 20-1902, subsection A, the federal bureau of investigation, any other federal agency or the United States attorney general's office when authorized or charged with investigation or prosecution of a crime in this state. (i) The automobile theft authority. 2. "Insurer" means every person or entity engaged in the business of making contracts of insurance in this state. 3. "Relevant" means having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence. 20-1902. Disclosure of information A. An authorized agency may, in writing, require an insurer to release to such other authorized agency any relevant information which the insurer has in its possession relating to a loss which such authorized agency is investigating including: 1. Application for an insurance policy. 2. Policy premium payment records. 3. History of previous claims made by the insured. 4. Material relating to the investigation of the loss, including statements of any person, proof of loss and any other evidence relevant to the investigation. B. If an insurer has reason to believe that a loss in which it has an interest may be based on a false or fraudulent claim such insurer shall, in writing, notify an authorized agency and provide it with all material developed from the insurer's inquiry into the loss. Notice to any one of the authorized agencies listed in section 20-1901, paragraph 1, subdivisions (a) through (g) shall be sufficient notice for the purpose of this subsection. C. Nothing in subsection B of this section shall abrogate or impair the rights or powers created under subsection A of this section. D. The authorized agency provided with information pursuant to subsection A or B of this section shall upon request release or provide such information to any other authorized agency. E. An insurer providing information to an authorized agency shall have the right to request in writing from such agency relevant information and receive, within a reasonable time, not to exceed thirty days, the information requested. The relevant information shall not include non-conviction criminal history record information nor any other information detrimental to another ongoing criminal investigation or that would reveal the identity of a confidential source of information. 20-1903. Immunity from liability for disclosure of information Any insurer, its employees or agents or an authorized agency that releases information in good faith pursuant to this chapter is immune from civil liability or criminal penalty based upon the release of the information. 20-1904. Confidentiality of information An authorized agency who receives information pursuant to this chapter shall hold the information in confidence until such time as its release is required pursuant to this chapter or pursuant to a criminal or civil proceeding. 20-1905. Authorized agency as witness An authorized agency or personnel of such agency may be required to testify in any litigation in which an insurer is named as a party. 20-1906. Violation; classification A person, insurer or authorized agency that knowingly fails to provide information pursuant to section 20-1902, subsection A or who knowingly fails to hold information in confidence pursuant to section 20-1904 is guilty of a class 2 misdemeanor. 20-1907. Application of chapter The provisions of this chapter shall not be construed to affect or repeal any local ordinance relating to fire prevention or the control of arson.