Bill Text: CA AB2264 | 2011-2012 | Regular Session | Amended

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Bill Title: Insurance fraud: release of information: other unlawful

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-05-02 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2264 Detail]

Download: California-2011-AB2264-Amended.html

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BILL NUMBER: AB 2264	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2012

INTRODUCED BY   Assembly Member Knight
   (Principal coauthor: Senator Runner)

                        FEBRUARY 24, 2012

   An act to amend  Section   Sections 1872.5
and  1873 of the Insurance Code, relating to insurance
information.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2264, as amended, Knight. Insurance fraud: release of
information: other unlawful activity.
   Existing law requires an insurer, or agent authorized by that
insurer to act on behalf of the insurer, upon written request, to
release to a requesting officer of an authorized governmental agency,
as defined, any or all relevant information deemed important to the
authorized governmental agency that the insurer may possess relating
to any specific insurance fraud.  Existing law provides that no
insurer may be subject to civil liability by virtue of providing
information pursuant to these provisions. 
   This bill would also require the insurer, or agent authorized by
that insurer to act on behalf of the insurer, to release to the
authorized governmental agency any or all relevant information deemed
important to the authorized governmental agency that the insurer may
possess relating to any other unlawful activity  by the insured
or claimant  uncovered in the course of an insurance fraud
investigation, including, but not limited to, information about an
 illegal   unlawful  activity  by the
insured or claimant  not related to insurance fraud.  The
bill would provide that no insurer, or agent authorized by that
insurer, would be subject to civil liability by virtue of providing
information about an unlawful activity not related to insurance fraud
  that is uncovered when investigating an allegation of
insurance fraud. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1872.5 of the  
Insurance Code   is amended to read: 
   1872.5.  No insurer, or the employees or agents of any insurer,
shall be subject to civil liability for libel, slander,  invasion
of privacy,  or any other relevant tort cause of action by
virtue of providing any of the following without malice:
   (a) Any information or reports relating to suspected fraudulent
insurance transaction furnished to law enforcement officials, or
licensing officials governed by the Business and Professions Code.
   (b) Any reports or information relating to suspected fraudulent
insurance transaction furnished to other persons subject to this
chapter.
   (c) Any information or reports required by this article or
required by the commissioner under the authority granted in this
chapter. 
   (d) Any information about an unlawful activity not related to
insurance fraud that is uncovered when investigating an allegation of
insurance fraud pursuant to Section 1873. 
   SECTION 1.   SEC. 2.   Section 1873 of
the Insurance Code is amended to read:
   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
or any other unlawful activity  by the insured or claimant 
uncovered in the course of an insurance fraud investigation.
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 that 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.
   (6) Information about an  illegal   unlawful
 activity  by the insured or claimant  not related to
insurance fraud that is uncovered when investigating an allegation of
insurance fraud.
   (b) The provisions of subdivision (a) shall not operate to
authorize disclosure of medical information not otherwise authorized
for disclosure pursuant to law.
                        ____ CORRECTIONS  Heading--Coauthors--Line 2.
                                                              ____