Ch. 5

2003 LAWS OF MARYLAND

The reference to a fire investigator "keep[ing] the information confidential"
is substituted for the former reference to the fire investigator "hold[ing]
the information in confidence" for clarity.

The former requirement that a fire investigator keep information
confidential until "such time as" the release of the information is required
is deleted as surplusage.

Defined term: "Fire investigator" § 9-601
9-605. IMMUNITY FROM CRIMINAL PROSECUTION AND CIVIL LIABILITY.

(A)     CRIMINAL PROSECUTION.

IN THE ABSENCE OF FRAUD, AN INSURER OR PERSON WHO PROVIDES
INFORMATION ON ITS BEHALF IS NOT SUBJECT TO CRIMINAL PROSECUTION FOR AN
ORAL OR WRITTEN STATEMENT MADE OR OTHER ACTION TAKEN THAT IS
NECESSARY TO PROVIDE INFORMATION REQUIRED UNDER THIS SUBTITLE.

(B)     CIVIL LIABILITY.

AN INSURER OR PERSON WHO PROVIDES INFORMATION ON ITS BEHALF HAS
THE IMMUNITY FROM LIABILITY DESCRIBED IN § 5-409 OF THE COURTS ARTICLE.

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

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

9-606. PROHIBITED ACTS; PENALTY.

(A)     PROHIBITED ACTS.

A PERSON MAY NOT PURPOSELY:

(1)      REFUSE TO RELEASE INFORMATION THAT A FIRE INVESTIGATOR
REQUESTS UNDER § 9-602 OF THIS SUBTITLE;

(2)      REFUSE TO REPORT A FIRE LOSS TO A FIRE INVESTIGATOR UNDER §§
9-602 AND 9-603 OF THIS SUBTITLE;

(3)      REFUSE TO PROVIDE A FIRE INVESTIGATOR WITH RELEVANT
INFORMATION REQUIRED TO BE PROVIDED UNDER §§ 9-602 AND 9-603 OF THIS
SUBTITLE; OR

(4)      FAIL TO KEEP INFORMATION CONFIDENTIAL AS REQUIRED UNDER §
9-604 OF THIS SUBTITLE.

(B)     PENALTY.

A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 DAYS OR A FINE
NOT EXCEEDING $1,000 OR BOTH.

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