Senate
File
2240
-
Introduced
SENATE
FILE
2240
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3061)
A
BILL
FOR
An
Act
relating
to
the
receipt
of
pecuniary
damages
by
insurers
1
as
victims
of
insurance
fraud
for
purposes
of
criminal
2
restitution.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5272SV
(2)
87
ko/rj
S.F.
2240
Section
1.
Section
910.1,
subsection
3,
Code
2018,
is
1
amended
to
read
as
follows:
2
3.
“Pecuniary
damages”
means
all
damages
to
the
extent
3
not
paid
by
an
insurer
on
an
insurance
claim
by
the
victim
,
4
which
a
victim
could
recover
against
the
offender
in
a
civil
5
action
arising
out
of
the
same
facts
or
event,
except
punitive
6
damages
and
damages
for
pain,
suffering,
mental
anguish,
and
7
loss
of
consortium.
Without
limitation,
“pecuniary
damages”
8
includes
damages
for
wrongful
death
and
expenses
incurred
for
9
psychiatric
or
psychological
services
or
counseling
or
other
10
counseling
for
the
victim
which
became
necessary
as
a
direct
11
result
of
the
criminal
activity.
12
Sec.
2.
Section
910.1,
subsection
5,
Code
2018,
is
amended
13
to
read
as
follows:
14
5.
“Victim”
means
a
person
who
has
suffered
pecuniary
15
damages
as
a
result
of
the
offender’s
criminal
activities.
16
However,
for
purposes
of
this
chapter
,
an
insurer
paying
a
17
victim’s
insurance
claim
is
not
a
victim
and
does
not
have
a
18
right
of
subrogation.
An
insurer
may
be
a
victim
for
purposes
19
of
this
chapter
if
insurance
fraud
in
violation
of
section
20
507E.3
or
507E.3A
has
been
perpetrated
against
the
insurer.
21
The
crime
victim
compensation
program
is
not
an
insurer
for
22
purposes
of
this
chapter
,
and
the
right
of
subrogation
provided
23
by
section
915.92
does
not
prohibit
restitution
to
the
crime
24
victim
compensation
program.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
insurers
as
victims
for
purposes
of
29
receipt
of
criminal
restitution
damages.
The
bill
amends
the
30
definitions
of
pecuniary
damages
and
victim
in
the
criminal
31
restitution
Code
chapter.
An
insurer
may
be
a
victim
for
32
purposes
of
criminal
restitution
if
the
insurer
is
a
victim
of
33
insurance
fraud
due
to
fraudulent
submissions
or
fraudulent
34
sales
practices.
Insurers
are
currently
excluded
as
victims
35
-1-
LSB
5272SV
(2)
87
ko/rj
1/
2
S.F.
2240
for
purposes
of
criminal
restitution.
1
-2-
LSB
5272SV
(2)
87
ko/rj
2/
2