1873. (a) Upon written request to an insurer by officers designated
in subdivisions (a) and (b) of Section 830.1 and subdivision (a) of
Section 830.2, and subdivisions (a), (c), and (i) of Section 830.3 of
the Penal Code, an insurer, or agent authorized by that insurer to
act on behalf of the insurer, shall release to the requesting
authorized governmental agency any or all relevant information deemed
important to the authorized governmental agency that the insurer may
possess relating to any specific insurance fraud. Relevant
information may include, but is not limited to, all of the following:
(1) Insurance policy information relevant to the insurance fraud
under investigation, including, but not limited to, any application
for a policy.
(2) Policy premium payment records which are available.
(3) History of previous claims made by the insured.
(4) Information relating to the investigation of the insurance
fraud, including statements of any person, proof of loss, and notice
of loss.
(5) Complete copies of both sides of payment drafts.
(b) The provisions of subdivision (a) shall not operate to
authorize disclosure of medical information not otherwise authorized
for disclosure pursuant to law.
1873.1. Any information acquired pursuant to this article shall not
be a part of any public record. Except as otherwise provided by law,
any authorized governmental agency, an insurer, or an agent
authorized by an insurer to act on its behalf, which receives any
information furnished pursuant to this article, shall not release
that information to public inspection until the time that its release
is required in connection with a criminal or civil proceeding.
1873.2. In the absence of fraud or malice, no insurer, or any
employee or agent authorized by an insurer to act on behalf of the
insurer, and no authorized governmental agency or its respective
employees, shall be subject to any civil liability for libel,
slander, or any other relevant cause of action by virtue of releasing
or receiving any information pursuant to Section 1873 or 1873.1.
Nothing in this article is intended to, nor does in any way or
manner, abrogate or lessen the existing common law or statutory
privileges and immunities of an insurer, or any employee or agent
authorized by the insurer to act on behalf of the insurer, or of any
authorized governmental agency or its respective employees.
1873.3. (a) For purposes of this article and Article 2 (commencing
with Section 1872), "insurance fraud" does not include motor vehicle
theft and motor vehicle insurance fraud reporting subject to the
provisions of Article 4 (commencing with Section 1874), or workers'
compensation insurance fraud reporting subject to Article 7
(commencing with Section 1877).
(b) As used in this article, "authorized governmental agency"
means the Department of the California Highway Patrol, the Department
of Motor Vehicles, the Department of Insurance, the Department of
Justice, the police department of a city, or a city and county, the
sheriff's office or department of a county, the district attorney of
any county, or city and county, those agencies employing officers
designated in subdivisions (a) and (b) of Section 830.1, subdivision
(a) of Section 830.2, and subdivisions (b), (d), and (k) of Section
830.3 of the Penal Code, any other law enforcement agency of this
state or any city or county, or city and county, and any licensing
agency governed by the Business and Professions Code.
1873.4. Any or all information released or received by an
authorized governmental entity pursuant to Section 1873 or 1873.1
shall be provided by that agency to the Fraud Division within 10 days
of the agency's receipt of the information.
1873. (a) Upon written request to an insurer by officers designated
in subdivisions (a) and (b) of Section 830.1 and subdivision (a) of
Section 830.2, and subdivisions (a), (c), and (i) of Section 830.3 of
the Penal Code, an insurer, or agent authorized by that insurer to
act on behalf of the insurer, shall release to the requesting
authorized governmental agency any or all relevant information deemed
important to the authorized governmental agency that the insurer may
possess relating to any specific insurance fraud. Relevant
information may include, but is not limited to, all of the following:
(1) Insurance policy information relevant to the insurance fraud
under investigation, including, but not limited to, any application
for a policy.
(2) Policy premium payment records which are available.
(3) History of previous claims made by the insured.
(4) Information relating to the investigation of the insurance
fraud, including statements of any person, proof of loss, and notice
of loss.
(5) Complete copies of both sides of payment drafts.
(b) The provisions of subdivision (a) shall not operate to
authorize disclosure of medical information not otherwise authorized
for disclosure pursuant to law.
1873.1. Any information acquired pursuant to this article shall not
be a part of any public record. Except as otherwise provided by law,
any authorized governmental agency, an insurer, or an agent
authorized by an insurer to act on its behalf, which receives any
information furnished pursuant to this article, shall not release
that information to public inspection until the time that its release
is required in connection with a criminal or civil proceeding.
1873.2. In the absence of fraud or malice, no insurer, or any
employee or agent authorized by an insurer to act on behalf of the
insurer, and no authorized governmental agency or its respective
employees, shall be subject to any civil liability for libel,
slander, or any other relevant cause of action by virtue of releasing
or receiving any information pursuant to Section 1873 or 1873.1.
Nothing in this article is intended to, nor does in any way or
manner, abrogate or lessen the existing common law or statutory
privileges and immunities of an insurer, or any employee or agent
authorized by the insurer to act on behalf of the insurer, or of any
authorized governmental agency or its respective employees.
1873.3. (a) For purposes of this article and Article 2 (commencing
with Section 1872), "insurance fraud" does not include motor vehicle
theft and motor vehicle insurance fraud reporting subject to the
provisions of Article 4 (commencing with Section 1874), or workers'
compensation insurance fraud reporting subject to Article 7
(commencing with Section 1877).
(b) As used in this article, "authorized governmental agency"
means the Department of the California Highway Patrol, the Department
of Motor Vehicles, the Department of Insurance, the Department of
Justice, the police department of a city, or a city and county, the
sheriff's office or department of a county, the district attorney of
any county, or city and county, those agencies employing officers
designated in subdivisions (a) and (b) of Section 830.1, subdivision
(a) of Section 830.2, and subdivisions (b), (d), and (k) of Section
830.3 of the Penal Code, any other law enforcement agency of this
state or any city or county, or city and county, and any licensing
agency governed by the Business and Professions Code.
1873.4. Any or all information released or received by an
authorized governmental entity pursuant to Section 1873 or 1873.1
shall be provided by that agency to the Fraud Division within 10 days
of the agency's receipt of the information.
1873. (a) Upon written request to an insurer by officers designated
in subdivisions (a) and (b) of Section 830.1 and subdivision (a) of
Section 830.2, and subdivisions (a), (c), and (i) of Section 830.3 of
the Penal Code, an insurer, or agent authorized by that insurer to
act on behalf of the insurer, shall release to the requesting
authorized governmental agency any or all relevant information deemed
important to the authorized governmental agency that the insurer may
possess relating to any specific insurance fraud. Relevant
information may include, but is not limited to, all of the following:
(1) Insurance policy information relevant to the insurance fraud
under investigation, including, but not limited to, any application
for a policy.
(2) Policy premium payment records which are available.
(3) History of previous claims made by the insured.
(4) Information relating to the investigation of the insurance
fraud, including statements of any person, proof of loss, and notice
of loss.
(5) Complete copies of both sides of payment drafts.
(b) The provisions of subdivision (a) shall not operate to
authorize disclosure of medical information not otherwise authorized
for disclosure pursuant to law.
1873.1. Any information acquired pursuant to this article shall not
be a part of any public record. Except as otherwise provided by law,
any authorized governmental agency, an insurer, or an agent
authorized by an insurer to act on its behalf, which receives any
information furnished pursuant to this article, shall not release
that information to public inspection until the time that its release
is required in connection with a criminal or civil proceeding.
1873.2. In the absence of fraud or malice, no insurer, or any
employee or agent authorized by an insurer to act on behalf of the
insurer, and no authorized governmental agency or its respective
employees, shall be subject to any civil liability for libel,
slander, or any other relevant cause of action by virtue of releasing
or receiving any information pursuant to Section 1873 or 1873.1.
Nothing in this article is intended to, nor does in any way or
manner, abrogate or lessen the existing common law or statutory
privileges and immunities of an insurer, or any employee or agent
authorized by the insurer to act on behalf of the insurer, or of any
authorized governmental agency or its respective employees.
1873.3. (a) For purposes of this article and Article 2 (commencing
with Section 1872), "insurance fraud" does not include motor vehicle
theft and motor vehicle insurance fraud reporting subject to the
provisions of Article 4 (commencing with Section 1874), or workers'
compensation insurance fraud reporting subject to Article 7
(commencing with Section 1877).
(b) As used in this article, "authorized governmental agency"
means the Department of the California Highway Patrol, the Department
of Motor Vehicles, the Department of Insurance, the Department of
Justice, the police department of a city, or a city and county, the
sheriff's office or department of a county, the district attorney of
any county, or city and county, those agencies employing officers
designated in subdivisions (a) and (b) of Section 830.1, subdivision
(a) of Section 830.2, and subdivisions (b), (d), and (k) of Section
830.3 of the Penal Code, any other law enforcement agency of this
state or any city or county, or city and county, and any licensing
agency governed by the Business and Professions Code.
1873.4. Any or all information released or received by an
authorized governmental entity pursuant to Section 1873 or 1873.1
shall be provided by that agency to the Fraud Division within 10 days
of the agency's receipt of the information.
