H.P. 1553 - L.D. 2182
An Act to Create the Crime of Insurance Fraud and Require Reporting of Convictions to Licensing Authorities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §354-A is enacted to read:
1. A person is guilty of theft if that person obtains or exercises control over property of another as a result of insurance deception and with an intention to deprive the owner thereof.
2. For purposes of this section, insurance deception occurs when a person intentionally makes a misrepresentation or written false statement that the person does not believe to be true relating to a material fact to any person engaged in the business of insurance concerning any of the following:
A. An application for the issuance or renewal of an insurance policy;
B. The rating of an insurance policy;
C. Payment made in accordance with an insurance policy;
D. A claim for payment or benefit pursuant to an insurance policy; or
E. Premiums paid on an insurance policy.
3. It is no defense to a prosecution under this section that the deception related to a matter that was of no pecuniary significance or that the person deceived acted unreasonably in relying on the deception.
Sec. 2. 17-A MRSA §901-A is enacted to read:
§901-A. Deceptive insurance practices
1. A person is guilty of deceptive insurance practices if in the course of engaging in the business of insurance that person intentionally makes a false statement with respect to a material fact concerning, or intentionally materially alters, any of the following:
A. A document filed with the Superintendent of Insurance or the insurance regulatory official or agency of another jurisdiction with respect to:
(1) The financial condition of an insurer;
(2) The formation, acquisition, merger, consolidation, dissolution or withdrawal from one or more lines of insurance in all or part of this State by an insurer;
(3) The issuance of written evidence of insurance; or
(4) The reinstatement of an insurance policy;
B. A document submitted by an insured, claimant or applicant to an insurer, insurance producer or other person; or
C. A document or report filed with a law enforcement agency.
2. A person is guilty of deceptive insurance practices if in the course of engaging in the business of insurance that person intentionally does any of the following:
A. Transacts the business of insurance in this State without proper licensure, certification or authorization;
B. Destroys, conceals, removes or otherwise impairs the verity or availability of any records of an insurer with the intent to deceive; or
C. Solicits or accepts new or renewal insurance risks on behalf of an insurer or the person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction.
3. Deceptive insurance practices is a Class D crime.
Effective July 9, 1998, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
