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Senate Study Bill 1038

Bill Text

PAG LIN
  1  1    Section 1.  Section 507E.3, subsection 2, Code 2001, is
  1  2 amended to read as follows:
  1  3    2.  A person commits a class "D" felony if the person, with
  1  4 the intent to defraud an insurer, an insured, or a claimant,
  1  5 does any of the following:
  1  6    a.  Presents or causes to be presented to an insurer, any
  1  7 written document or oral statement, including a computer-
  1  8 generated document, as part of, or in support of, a claim for
  1  9 payment or other benefit pursuant to an insurance policy,
  1 10 knowing that such document or statement contains any false
  1 11 information concerning a material fact.
  1 12    b.  Assists, abets, solicits, or conspires with another to
  1 13 present or cause to be presented to an insurer, any written
  1 14 document or oral statement, including a computer-generated
  1 15 document, that is intended to be presented to any insurer in
  1 16 connection with, or in support of, any claim for payment or
  1 17 other benefit pursuant to an insurance policy, knowing that
  1 18 such document or statement contains any false information
  1 19 concerning a material fact.
  1 20    c.  Presents or causes to be presented to an insurer, any
  1 21 written document or oral statement, including a computer-
  1 22 generated document, as part of, or in, an application for
  1 23 insurance coverage, knowing that such document or statement
  1 24 contains false information concerning a material fact.
  1 25    d.  Knowingly makes a false statement or representation of
  1 26 a material fact in the course of reporting, investigating, or
  1 27 adjusting a claim for any payment or other benefit under an
  1 28 insurance policy.
  1 29    e.  Knowingly makes a false statement or representation of
  1 30 a material fact for the purpose of obtaining, maintaining, or
  1 31 renewing insurance that is required by law, whether on behalf
  1 32 of the insurer or another person for whom insurance coverage
  1 33 is obtained, maintained, or renewed.  
  1 34                              EXPLANATION
  1 35    This bill amends Code section 507E.3, regarding intentional
  2  1 insurance fraud by false submissions.
  2  2    The bill adds insureds and claimants, along with insurers,
  2  3 as persons who could be the party that the person committing
  2  4 the fraud is intending to defraud.  The bill also adds two
  2  5 intentional acts that could give rise to a class "D" felony
  2  6 under the section:  knowingly making a false statement or
  2  7 representation of a material fact relating to the claims
  2  8 reporting and adjusting process, and knowingly making a false
  2  9 statement or representation of a material fact in order to
  2 10 obtain, maintain, or renew insurance that is required by law.  
  2 11 LSB 1898SC 79
  2 12 jj/pj/5
     

Text: SSB01037                          Text: SSB01039
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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