Hawaii § 132-4.5 - Investigation of fires; immunity for information received from insurers.

§ 132-4.5. Investigation of fires; immunity for information received from insurers.

(a) The fire chief of each county or the state fire marshal may require any insurer in writing to release information relating to any investigation the insurer has made concerning a loss or potential loss due to fire of suspicious or incendiary origin which information shall include but not be limited to: (1) An insurance policy relating to the loss; (2) Policy premium records; (3) History of previous claims; and (4) Other relevant material relating to the loss or potential loss. (b) If any insurer has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the insurer shall furnish the county fire chief or state fire marshal with all relevant material acquired during its investigation of the fire loss, cooperate with and take action as may be required of it by the county fire chief or state fire marshal, and permit any person ordered by the court to inspect any of its records pertaining to the policy and the loss. The insurer may request the county fire chief or state fire marshal to release information relating to any investigation the fire chief or state fire marshal has made concerning any fire loss of suspicious or incendiary origin. (c) In the absence of fraud, malice, or criminal act, no insurer or person who furnishes information on its behalf, shall be liable for damages in a civil action or be subject to criminal prosecution for any oral or written statement made that is necessary to supply information required pursuant to this section. (d) The county fire chief or state fire marshal receiving any information furnished pursuant to this section shall hold the information in confidence until its release is required in furtherance of a criminal or civil proceeding. (e) The county fire chief, in person or by officers or members of the fire chief's fire department, or the state fire marshal, in person or by deputies or employees of the office of the state fire marshal, may be required to testify as to any information in the fire chief's or state fire marshal'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 any insurance company for the fire loss. [L 1979, c 215, §1; gen ch 1985; am L 2025, c 302, §8] Previous Vol03_Ch0121-0200D Next