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House File 2238 - ReprintedA Bill ForAn Act 1relating to the receipt of pecuniary damages by insurers
2as victims of insurance fraud for purposes of criminal
3restitution.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 910.1, subsection 3, Code 2018, is
2amended to read as follows:
33. “Pecuniary damages” means all damages to the extent
4not paid by an insurer on an insurance claim by the victim,
5which a victim could recover against the offender in a civil
6action arising out of the same facts or event, except punitive
7damages and damages for pain, suffering, mental anguish, and
8loss of consortium. Without limitation, “pecuniary damages”
9includes damages for wrongful death and expenses incurred for
10psychiatric or psychological services or counseling or other
11counseling for the victim which became necessary as a direct
12result of the criminal activity.
13 Sec. 2. Section 910.1, subsection 5, Code 2018, is amended
14to read as follows:
155. “Victim” means a person who has suffered pecuniary
16damages as a result of the offender’s criminal activities.
17However, for purposes of this chapter, an insurer paying a
18victim’s insurance claim is not a victim and does not have a
19right of subrogation. An insurer may be a victim for purposes
20of this chapter if insurance fraud in violation of section
21507E.3 or 507E.3A has been perpetrated against the insurer.
22 The crime victim compensation program is not an insurer for
23purposes of this chapter, and the right of subrogation provided
24by section 915.92 does not prohibit restitution to the crime
25victim compensation program.
ko/rj/md
2as victims of insurance fraud for purposes of criminal
3restitution.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 910.1, subsection 3, Code 2018, is
2amended to read as follows:
33. “Pecuniary damages” means all damages to the extent
4not paid by an insurer on an insurance claim by the victim,
5which a victim could recover against the offender in a civil
6action arising out of the same facts or event, except punitive
7damages and damages for pain, suffering, mental anguish, and
8loss of consortium. Without limitation, “pecuniary damages”
9includes damages for wrongful death and expenses incurred for
10psychiatric or psychological services or counseling or other
11counseling for the victim which became necessary as a direct
12result of the criminal activity.
13 Sec. 2. Section 910.1, subsection 5, Code 2018, is amended
14to read as follows:
155. “Victim” means a person who has suffered pecuniary
16damages as a result of the offender’s criminal activities.
17However, for purposes of this chapter, an insurer paying a
18victim’s insurance claim is not a victim and does not have a
19right of subrogation. An insurer may be a victim for purposes
20of this chapter if insurance fraud in violation of section
21507E.3 or 507E.3A has been perpetrated against the insurer.
22 The crime victim compensation program is not an insurer for
23purposes of this chapter, and the right of subrogation provided
24by section 915.92 does not prohibit restitution to the crime
25victim compensation program.
ko/rj/md