House File 2238 - Reprinted HOUSE FILE 2238 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 585) (As Amended and Passed by the House February 21, 2018 ) 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 HF 2238 (2) 87 ko/rj/md

H.F. 2238 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 -1- HF 2238 (2) 87 ko/rj/md 1/ 1