§ 319. Release of information resulting from insurers' investigation
of fires. (a) In this section, "authorized law enforcement agency"
means:

(1) any official of any agency authorized to investigate a fire at the
place where the fire occurred;

(2) the district attorney responsible for the prosecution in the
county where the fire occurred; and

(3) solely for the purpose of subsections (b) and (c) hereof, the
Federal Bureau of Investigation or any other federal agency, and the
United States attorney's office when authorized or charged with
investigation or prosecution of the fire in question.

(b) Each insurer authorized to issue policies covering losses incurred
to personal or real property through fire shall contact the appropriate
authorized law enforcement agency and release information in its
possession resulting from an investigation conducted by it pertaining to
any such fire loss, should the insurer be of the opinion that the fire
was caused by other than accidental means. The notification to a single
authorized agency shall be sufficient for purposes of this section,
provided, however, that in cities with a population over one million,
notification to the appropriate fire protection agency shall be
sufficient for the purposes of this section.

(c) Any authorized law enforcement agency may, in writing, require the
insurer to release, to that agency, any relevant information or evidence
deemed important to the authorized law enforcement agency that the
insurer may have in its possession relating to the fire loss in
question. Relevant information shall include, but shall not be limited
to:

(1) pertinent insurance policy information relevant to a fire loss
under investigation and any application for such a policy;

(2) policy premium payment records that are available;

(3) history of previous claims made by the insured; and

(4) material relating to the investigation of the loss, including
statements of any person, proof of loss, and any other evidence relevant
to the investigation.

(d) Any insurer providing information to an authorized law enforcement
agency or agencies concerning a particular fire loss for which the
insurer has provided information pursuant to this section shall have the
right to request relevant information and to receive within a reasonable
time, not to exceed thirty days after the receipt of such request, the
information requested, provided that the information is not subject to
the provisions of paragraphs (a), (e) and (f) of subdivision two of
section eighty-seven of the public officers law. This subsection shall
confer no substantive or procedural rights on a defendant in a criminal
action, proceeding or prosecution.

(e) The authorized agency provided with information pursuant to
subsection (c) hereof, in furtherance of its own purposes, may release
or provide such information to any other authorized law enforcement
agency.

(f) Any information or evidence furnished pursuant to this section
shall be held in confidence by the appropriate agency until such
information is required to be released pursuant to a criminal
proceeding, or if such agency shall be served a summons or subpoena to
testify as to any information or evidence in its possession regarding
such fire loss in any civil action where an insured or other person is
seeking recovery under a policy against an insurer for fire damage to
real or personal property.