Fraud

Insurance fraud is a deliberate deception perpetrated against or by an insurance company or agent for the purpose of financial gain. Fraud may be committed at different points in the insurance transaction by applicants for insurance, policyholders, third-party claimants or professionals who provide services to claimants. Insurance agents and company employees may also commit insurance fraud. Common frauds include “padding,” or inflating actual claims, misrepresenting facts on an insurance application, submitting claims for injuries or damage that never occurred, and “staging” accidents.

Insurance fraud may be classified as “hard” or “soft.” Hard fraud is a deliberate attempt either to stage or invent an accident, injury, theft, arson or other type of loss that would be covered under an insurance policy.

Soft fraud, which is sometimes called opportunity fraud,
occurs when a policyholder or claimant exaggerates a legitimate claim. One example of soft fraud is the car owner involved in a “fender bender” who pads the claim to cover the policy deductible. Another is exaggerating the amount and value of items stolen from a home or business. Soft fraud may also occur when people purposely provide false information to influence the underwriting process in their favor when applying for insurance. To lower insurance premiums or increase the likelihood that the application for insurance will be accepted, people may underreport the number of miles driven, misrepresent where a car is garaged, fail to provide an accurate medical history when applying for health insurance, or falsify the number of employees and the nature of their work for workers compensation coverage.
 

  • The Insurance Information Institute estimates that property/casualty insurance fraud cost insurers about $29 billion in 2003.

     

  • The total cost of all kinds of insurance fraud (including life and health insurance) is estimated to be
    between $85 billion and $120 billion a year.
     

     

KEY STATE LAWS AGAINST INSURANCE FRAUD

 

State

Insurance fraud classified as a crime

Immunity statutes

Fraud bureau

Mandatory insurer fraud plan

Mandatory auto photo inspection
Alabama X (1) X X    
Alaska X X X    
Arizona X X X    
Arkansas X X X X  
California X X X X  
Colorado X X X X X
Connecticut X X X (2)    
Delaware X X X    
D.C. X X X X  
Florida X X X X (3) X (3)
Georgia X X X    
Hawaii X X X (3)    
Idaho X X X    
Illinois X X      
Indiana X X      
Iowa X X X    
Kansas X X X (1)    
Kentucky X X X X  
Louisiana X X X    
Maine X X X (1) X  
Maryland X X X X  
Massachusetts X X X   X
Michigan X X      
Minnesota X X X X  
Mississippi X   X    
Missouri X X X    
Montana X X X    
Nebraska X X X    
Nevada X X X    
New Hampshire X X X X  
New Jersey X X X X X
New Mexico X X X X  
New York X X X X X
North Carolina X X X    
North Dakota X X X    
Ohio X X X X  
Oklahoma X X X    
Oregon   X      
Pennsylvania X X X X  
Rhode Island X X (3) X   X
South Carolina X X X    
South Dakota X X X    
Tennessee X X (1) X (1) X (1)  
Texas X X X    
Utah X X X    
Vermont          
Virginia X (1) X X    
Washington X X   X  
West Virginia X (1) X X    
Wisconsin X X      
Wyoming X (1) X      

(1) Workers compensation insurance only.
(2) Workers compensation and health care insurance only.
(3) Limited.

Source: National Insurance Crime Bureau; state insurance departments.

  • Most states have classified insurance fraud as a serious crime and provide immunity for those who report insurance fraud.

     

  • Immunity statutes protect the person or insurance
    company that reports insurance fraud from criminal and civil prosecution. Most states have enacted these laws.

     

  • Fraud bureaus are state law enforcement agencies,
    mostly set up in the department of insurance, where investigators review fraud reports and begin the prosecution process. The majority of states have set up fraud bureaus.

     

  • Mandatory insurer fraud plans require companies to
    formulate a program for fighting fraud and sometimes
    include special investigation units to identify fraud patterns. Only 17 jurisdictions require insurers to have fraud programs.

     

  • Mandatory photo inspection laws require insurers or their agents to inspect and photograph every car they insure to prevent nonexistent vehicles from being insured and then reported stolen.

     

  • Not shown on the chart are the seven states — California, Florida, Minnesota, New Jersey, Nevada, Utah and Massachussetts — that have antirunner laws. Runners are people who recruit phony crash victims, directing them to complicit chiropractors and doctors.

 

 
 

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