skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 68580 Find in a Library
Title: POTENTIAL CIVIL LIABILITY OF COMMUNICATIONS BETWEEN INSURANCE COMPANIES AND LAW ENFORCEMENT AGENCIES
Author(s): B WEINTRAUB
Corporate Author: New York State
Senate Cmtte on Transportation
United States of America
Date Published: 1978
Page Count: 39
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
New York State
Albany, NY 12247
US Dept of Justice

US Dept of Justice NIJ Pub
Washington, DC 20531
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: A STATE-BY-STATE REVIEW OF STATUTES AND COURT CASES THAT MIGHT AFFECT POTENTIAL CIVIL LIABILITY OF INSURANCE FIRMS THAT COOPERATE IN REPORTING SUSPECTED CRIMES TO LAW ENFORCEMENT AGENCIES FINDS THAT SUCH POTENTIAL EXISTS.
Abstract: UNDER AN LEAA GRANT, THE NEW YORK STATE COMMITTEE ON TRANSPORTATION CONDUCTED AN INDEPTH REVIEW OF THE FACTORS WHICH CONTRIBUTE TO THE RELUCTANCE OF MANY INSURANCE COMPANIES TO ASSIST LAW ENFORCEMENT OFFICIALS IN CASES OF SUSPECTED AUTO THEFT AND FRAUDULENT CLAIMS. INSURANCE COMPANIES ARE REPOSITORIES OF VAST AMOUNTS OF HIGHLY PERSONAL AND CONFIDENTIAL INFORMATION THEY ARE RELUCTANT TO COMPILE AND DISCLOSE TO POLICE AUTHORITIES BECAUSE THEY FEAR CIVIL LIABILITY ON ONE OF THREE GROUNDS: DEFAMATION, MALICIOUS PROSECUTION, AND THE RIGHT OF PRIVACY. A STATE-BY-STATE EXAMINATION OF STATUTES AND COURT DECISIONS FINDS THAT, ALTHOUGH NO SUCH DAMAGE SUIT HAS EVER BEEN FILED, THE THREAT OF CIVIL ACTION DOES SEEM TO EXIST. THE COMMITTEE RECOMMENDS THAT LEGISLATURES SPECIFICALLY EXEMPT INSURANCE COMPANIES FROM SUCH SUITS. IT ALSO RECOMMENDS THAT POLICE AUTHORITIES RECOGNIZE THE CONFIDENTIALITY OF ANY INFORMATION REVEALED BY AN INSURANCE COMPANY. THE COMPANIES THEMSELVES MUST ALSO MAKE CRIMEFIGHTING AN IMPORTANT ASPECT OF THEIR LOSS-PREVENTION PROGRAM AND ENCOURAGE COOPERATION WITH LAW ENFORCEMENT AGENCIES. APPLICABLE STATUTES ARE LISTED FOR EACH STATE. THE TEXT CONTAINS NUMEROUS COURT CITATIONS.
Index Term(s): Civil liability; Confidential records access; Insurance fraud; Motor Vehicle Theft
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68580

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.