SIU Today Summer 2022 - 12

Footnotes
1
See, e.g., Cal. Ins. Code § 1872.5; N.J. Rev. Stat. § 17:33A-9(b) (immunity applies
to communications made " in good faith and without malice " ); N.Y. Fin. Servs.
Law § 405 (immunity applies to communications made " in the absence of fraud
and bad faith " ); 18 Del. Code § 2409 (immunity for communications made
" without malice " and " in the absence of fraud and bad faith " ); Nev. Rev. Stat. Ann.
§ 679B.670 (immunity for communications made " without malice " ).
2
Schatzberg v. State Farm Mut. Auto Ins. Co., Civ. Act. No. 10-2900, 2015 U.S. Dist.
LEXIS 136730, at *14, n.8 (E.D. Pa. Oct. 7, 2015).
3
See, e.g., 18 Del. Code § 2403 (defining " bad faith " as " without reasonable
justification " ).
4
Frommoethelydo v. Fire Ins. Exch., 42 Cal. 3d 208, 219, 228 Cal. Rptr. 160, 166,
721 P.2d 41, 47 (1986).
5 Id.
6 Id. at 47.
7 Id.
8
Civ. Act. No. 10-2900, 2015 U.S. Dist. LEXIS 136730, at *14, n.8 (E.D. Pa. Oct.
7, 2015).
9 Id. at *20.
10 See id. at *24.
11
12
24
Zellermaier v. Travelers Indem. Co., 190 Misc. 2d 487, 489, 739 N.Y.S.2d 922,
923 (Sup. Ct. 2002).
See, e.g., Cal. Ins. Code § 1872.5; Fla. Stat. Ann. § 626.989(4)(c); 18 Del. Code
§ 2409.
13 See, e.g., 18 Del. Code § 2409 (providing immunity for communications with
the NAIC and " any organization established to detect and prevent fraudulent
insurance acts [and] their agents, employees or designees " ); Fla. Stat. Ann. §
626.989(4)(c)(3), (d) (providing immunity for communications with the NAIC
and the National Insurance Crime Bureau).
14
See, e.g., Fla. Stat. Ann. § 626.989(4)(d) (insurers and their fraud investigators have
civil immunity for sharing information " related to suspected fraudulent insurance
acts " with other insurers, if the names and addresses of investigators authorized to
share such information are provided to the state Insurance Department); 40 P.S. §
474.1(a.1) (civil immunity for insurance fraud investigators sharing information
within company or with fraud investigators employed by another insurer)
15
See, e.g., Cal. Ins. Code § 1872.4(a) (requiring insurers that " reasonably believe[]
or know[] that a fraudulent claim is being made " to file report with the Fraud
Division of the Department of Insurance); N.J. Rev. Stat. § 17:33A-9(a)(1)
(requiring any person who believes that insurance fraud is being committed
to notify the Bureau of Fraud Deterrence and the Office of Insurance Fraud
Prosecutor); 75 Pa. C.S.A. § 1817 (insurers and employees who have " a reasonable
basis to believe that insurance fraud occurred " with regard to an automobile
insurance claim must make written reports to law enforcement authorities).
16 Cal. Ins. Code § 1875.1.
17 See, e.g. Fla. Stat. Ann. § 633.126(1)(b) (the state fire marshal, state and federal
law enforcement officials, or any fire service provider official investigating a fire
or explosion may compel an insurer to release any information in its possession
relating to the fire or explosion); 16 Del. Code § 6811(a) (authorizing the state
fire marshal, local fire officials, the state Department of Justice, county law
departments, municipal solicitors, federal agencies, and the U.S. Attorney's Office
to compel an insurer to release relevant information relating to a fire loss); 40
P.S. § 1610.3 (authorizing the state police commissioner, investigating police
officers, fire commissioners and marshals, prosecuting attorneys, the Federal
Bureau of Investigation, the Federal Bureau of Alcohol, Tobacco and Firearms,
and the Department of Environmental Resources Bureau of Forestry to compel
an insurer to release relevant information regarding a fire loss).
SAVE
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20
18
See, e.g., Cal. Ins. Code § 1875.4; N.J. Stat. § 17:36-17; N.Y. Ins. Law § 3432(a);
see also 40 P.S. § 1610.4.
19
See, e.g., Fla. Stat. Ann. § 633.126(3) (in " the absence of fraud, bad faith, or malice, "
a " representative of or consultant to an insurance company " has civil immunity
for " furnishing information concerning fires or explosions suspected to be other
than accidental " to investigators employed by other insurers and the National
Insurance Crime Bureau).
Lugo v. Allstate Ins. Co., Nos. C031435 & C031832, 2002 Cal. App. Unpub. LEXIS
1206, at *35 (3d Dist. Ct. App. May 17, 2002) citing Frommoethelydo, 42 Cal. 3d
208 at 217).
21 Toy v. Metropolitan Life Ins. Co., 593 Pa. 20, 41, 928 A.2d 186, 199 (2007).
22
See, e.g., Rawlings v. Apodaca, 151 Ariz. 149, 161, 726 P.2d 565, 577 (1986)
(authorizing bad faith claim regarding insurer's refusal to release information to
policyholder for use in lawsuit against tortfeasor).
23 See, e.g., Dale v. Guaranty Nat'l Ins. Co., 948 P.2d 545, 551 (Colo. 1997) ( " the
insured must establish that the insurer acted: (1) unreasonably and (2) with
knowledge of or reckless disregard of its unreasonableness " ); Terletsky v.
Prudential Prop. & Cas. Ins. Co., 437 Pa. Super. 108, 125, 649 A.2d 680, 688 (1994)
(plaintiff must show that defendant insurer " knew or recklessly disregarded its
lack of reasonable basis " for its conduct).
See 42 Pa. C.S.A. § 8344; McLaughlin v. Rosanio, Bailets & Talamo, 331 N.J. Super.
303, 314, 751 A.2d 1066, 1072 (App. Div. 2000); Miami Herald Pub. Co. v. Ane,
458 So. 2d 239, 241 (Fla. 1984).
12 SIU TODAY | SUMMER 2022
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SIU Today Summer 2022

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