IC 27-2-13
    Chapter 13. Arson Reporting

IC 27-2-13-1
Definitions
    Sec. 1. As used in this chapter:
    (a) "Authorized agency" means:
        (1) the state fire marshal or a fire department acting underIC 36-8-17;
        (2) the superintendent of the state police;
        (3) the prosecuting attorney responsible for prosecutions in thecounty where the fire occurred;
        (4) the attorney general; and
        (5) an arson investigator.
    (b) "Relevant" refers to information having any tendency to makethe existence of any fact that is of consequence to the investigationor determination of a fire loss more probable or less probable than itwould have been without the evidence.
    (c) "Insurer" has the same meaning as in IC 27-1-2-3(x) andincludes the Indiana FAIR plan.
    (d) "Arson investigator" means an officer of a unit of localgovernment whose duties include the investigation of arson.
As added by Acts 1979, P.L.253, SEC.1. Amended by P.L.139-1984,SEC.1; P.L.245-1987, SEC.16; P.L.1-2006, SEC.485.

IC 27-2-13-2
Release of information by insurer to investigating authorizedagency
    Sec. 2. (a) An authorized agency charged with the responsibilityof investigating a fire loss may, in writing, request that an insurerinvestigating that loss release to the requesting agency any or allrelevant information or evidence considered important to theauthorized agency, including:
        (1) pertinent insurance policy information relevant to a fire lossunder investigation and any application for that policy;
        (2) policy premium payment records;
        (3) history of previous claims made by the insured; and
        (4) material relating to the investigation of the loss, including:
            (A) statements of any person;
            (B) proof of loss; and
            (C) other evidence relevant to the investigation.
    (b) An insurer shall furnish information requested under thissection to the requesting authorized agency.
As added by Acts 1979, P.L.253, SEC.1. Amended by P.L.139-1984,SEC.2.

IC 27-2-13-3
Notice to authorized agency by insurer of suspected nonaccidentalfire loss
    Sec. 3. (a) When an insurer has reason to believe that a fire loss

in which it has an interest was caused by a means that was notaccidental, then, for the purpose of notification and for having thatfire loss investigated, the company shall, in writing, notify anauthorized agency and provide that agency with all materialdeveloped from the insurer's inquiry into the fire loss.
    (b) When an insurer provides an authorized agency with notice ofa fire loss, it shall be considered sufficient notice for the purpose ofthis chapter. However, the insurer shall provide the state fire marshala copy of the information provided under subsection (a), if the noticewas provided to an authorized agency other than the state firemarshal.
As added by Acts 1979, P.L.253, SEC.1. Amended by P.L.139-1984,SEC.3; P.L.245-1987, SEC.17; P.L.1-2006, SEC.486.

IC 27-2-13-4
Supplying information to other authorized agency or insurer;immunity from civil or criminal liability
    Sec. 4. (a) An authorized agency provided with information underthis chapter may release or provide that information to any otherauthorized agency to further its investigation.
    (b) An insurer providing information to an authorized agencyunder section 3 of this chapter has the right to request and to receivefrom that agency relevant information. The agency shall provide therequested information within a reasonable time, not to exceed thirty(30) days from the date of the request.
    (c) An insurer (or a person acting on its behalf) or an authorizedagency who releases or provides evidence or information under thischapter is immune from any civil or criminal liability for providingthe evidence or information.
As added by Acts 1979, P.L.253, SEC.1. Amended by P.L.139-1984,SEC.4.

IC 27-2-13-5
Withholding of insurance proceeds; exceptions
    Sec. 5. An authorized agency that is investigating a fire believedto have been caused by arson may, in writing, order an insurer towithhold payment of the proceeds of an insurance policy on thedamaged or destroyed property for up to thirty (30) days from thedate of the order. The insurer may not make a payment during thattime, except for payments:
        (1) for emergency living expenses;
        (2) for emergency action necessary to secure the premises;
        (3) necessary to prevent further damage to the premises; or
        (4) to a mortgagee who is not the target of investigation by theauthorized agency.
As added by P.L.247-1989, SEC.1.