Offense

Insurance Fraud

Fraud, Deception and Corruption Offenses

Insurance fraud is the offense of deceiving an insurance company to obtain a payment or benefit the offender is not legitimately entitled to, covering conduct ranging from an individual policyholder inflating or fabricating a claim to an organized scheme staging accidents or fires specifically to collect insurance proceeds. Common recognized forms include claimant fraud, exaggerating or inventing a loss on an otherwise genuine policy, and arson-for-profit, in which a property is deliberately burned to collect fire-insurance proceeds, a documented subtype that connects insurance fraud directly to the separate offense of arson and typically involves close cooperation between fraud investigators and fire-cause investigators to establish both that a fire was deliberately set and that it was set for financial gain. A narrower but well-documented form, applicant or underwriting fraud, involves misrepresenting information at the time a policy is purchased, such as concealing a pre-existing condition or risk factor, in order to obtain coverage or a lower premium than the true risk would justify. Because a single false claim can be difficult to distinguish from an honest but mistaken one, insurance fraud investigation relies heavily on pattern analysis across many claims and on specialized fraud-investigation units maintained by insurers themselves working alongside law enforcement.

Facts
Classification Code
In the United States, defrauding a health care benefit plan is a distinct federal offense under Section 1347 of Title 18 of the United States Code, separate from general state insurance fraud statutes. 2
Typical Penalty
In Canada, a person who submits a motor vehicle insurance claim containing false or misleading information may be fined, imprisoned, or both, with the exact penalty set by the province. 2
Elements of Offense
Insurance fraud consists of any duplicitous act carried out with the intent to obtain an improper payment from an insurer, ranging from inflating or fabricating a claim to staging an entire loss. 1
Notable Example
A widely reported case is that of John Darwin, a former teacher and prison officer who turned up alive in 2007, five years after he had been presumed dead in a canoeing accident, once his family had already made a successful claim on his life insurance policy. 2
Jurisdiction Variation
The United Kingdom addresses insurance fraud partly through contract law rather than only criminal statute: the Insurance Act 2015 lets an insurer treat the policy as if it had been terminated at the moment the fraudulent act occurred, on top of any criminal fraud charge. 2
Mental Element
Intent 2
Violent or Non-Violent
Non-Violent 2
Classification
Offense Grade
Serious or Indictable Offense 1
Connections

Has Offense Grade

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Cornell LII Wex: Insurance Fraud
  • Main definition paragraph
    Insurance fraud refers to any duplicitous act performed with the intent to obtain an improper payment from an insurer.
  • Definition, duplicitous act standard
    Insurance fraud refers to any duplicitous act performed with the intent to obtain an improper payment from an insurer.
View the Source
2. Insurance Fraud (Wikipedia)
Wikipedia
  • US federal statute, health care fraud
    The federal government has passed a statute that criminalizes the act of defrauding a health care benefit plan, Section 1347 of Title 18.
  • Canada, motor vehicle claim penalty
    any person who submits a motor vehicle insurance claim that contains false or misleading information may be fined, imprisoned, or both.
  • John Darwin case
    turned up alive five years after he was purported to have died in a canoeing accident, after his family had made a successful claim on his life insurance.
  • UK Insurance Act 2015
    treat the insurance contract as if it was terminated at the time of the fraudulent act
  • Lead paragraph
    Insurance fraud is any intentional act committed to deceive or mislead an insurance company during the application or claims process, or the wrongful denial of a legitimate claim by an insurance company.
  • Lead paragraph, mental element
    any intentional act committed to deceive or mislead an insurance company
View the Source
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