§ 24-A §2186 — Insurance fraud prevention

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Fraudulent insurance acts prohibited.
A person may not commit a fraudulent insurance act.
3.
Fraud warning required.
Fraud warnings are required in accordance with the following.
4.
Reporting of fraudulent insurance acts.
Fraudulent insurance acts must be reported in accordance with this subsection.
5.
Insurer antifraud plans.
Within 6 months of the effective date of this Act, every insurer writing direct insurance shall prepare and implement an antifraud plan. This subsection does not apply to any agency, producer or other person acting on behalf of an insurer. The superintendent may review an insurer's antifraud plan to determine if the plan complies with the requirements of this subsection. The antifraud plan must outline specific procedures, appropriate to the lines of insurance the insurer writes in the State, to:
6.
Civil penalties.
Any violation of this section is subject to civil penalties and other remedies as provided in section 12‑A. Notwithstanding section 2165‑A, subsection 1, the superintendent may issue emergency cease and desist orders on the basis of conduct involving fraudulent insurance acts.
7.
Recovery costs.
In a civil action in which it is proven that a person committed a fraudulent insurance act, the court may award reasonable attorney's fees and costs to the insurer. In a civil action in which the insurer alleges that a party committed a fraudulent insurance act that is not established at trial, the court may award reasonable attorney's fees and costs to the party if the allegation is not supported by any reasonable basis of law or fact.

Legislative History

PL 1997, c. 675, §2 (NEW). PL 1999, c. 5, §1 (AMD). PL 1999, c. 5, §2 (AFF). PL 2009, c. 13, §2 (AMD).