ROBERT L. EHRLICH, JR., Governor

Ch. 5

In the introductory language of this section, the defined term "fire
investigator" is substituted for the former reference to "any official
authorized to request such information pursuant to this section" for clarity
because a fire investigator is the only official authorized to request
information under this section.

Also in the introductory language of this section, the former phrase "but is
not limited to" is deleted as unnecessary in light of Art. 1, § 30, which
provides that the term "including" is used "by way of illustration and not
by way of limitation".

In item (1) of this section, the former reference to a fire loss "under
investigation" is deleted as implicit.

In item (3) of this section, the former reference to a "[h]istory of" previous
claims made by the insured is deleted as surplusage.

Defined terms: "Fire investigator" § 9-601
"Insurer" § 9-601

9-603. SAME — FIRE LOSS CAUSED BY INCENDIARY MEANS.

IF AN INSURER HAS REASON TO SUSPECT THAT A FIRE LOSS TO REAL OR
PERSONAL PROPERTY OF THE INSURED WAS CAUSED BY INCENDIARY MEANS, THE
INSURER SHALL:

(1)      NOTIFY THE FIRE INVESTIGATOR;

(2)      PROVIDE THE FIRE INVESTIGATOR WITH ALL RELEVANT MATERIAL
ACQUIRED DURING THE INSURER'S INVESTIGATION OF THE FIRE LOSS;

(3)      COOPERATE WITH AND TAKE ANY ACTION REQUESTED BY THE FIRE
INVESTIGATOR; AND

(4)      ALLOW A PERSON, ON COURT ORDER, TO INSPECT ANY OF THE
INSURER'S RECORDS THAT RELATE TO THE POLICY AND THE FIRE LOSS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 57(c).

Defined terms: "Fire investigator" § 9-601
"Insurer" § 9-601
"Person" § 1-101

9-604. CONFIDENTIALITY OF INFORMATION.

A FIRE INVESTIGATOR WHO RECEIVES INFORMATION UNDER THIS SUBTITLE
SHALL KEEP THE INFORMATION CONFIDENTIAL UNTIL THE RELEASE OF THE
INFORMATION IS REQUIRED IN ACCORDANCE WITH A CIVIL OR CRIMINAL
PROCEEDING.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 57(b).

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