senate Bill S5562

Signed By Governor
2011-2012 Legislative Session

Amends the definition of insurance fraud

download bill text pdf

Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.211
Jul 08, 2011 delivered to governor
Jun 20, 2011 returned to senate
passed assembly
ordered to third reading rules cal.507
substituted for a8365
Jun 15, 2011 referred to insurance
delivered to assembly
passed senate
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1026
Jun 02, 2011 referred to insurance

S5562 - Details

See Assembly Version of this Bill:
Law Section:
Insurance Law
Laws Affected:
Amd §403, Ins L; amd §176.05, Pen L

S5562 - Summary

Amends the definition of insurance fraud.

S5562 - Sponsor Memo

S5562 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 2, 2011

Introduced by Sen. SEWARD -- (at request of the New York State Insurance
  Department)  -- read twice and ordered printed, and when printed to be
  committed to the Committee on Insurance

AN ACT to amend the insurance law and the penal law, in relation to  the
  definition of insurance fraud


  Section 1. Subsection (a) of section  403  of  the  insurance  law  is
amended to read as follows:
  (a)  In  this article, "fraudulent insurance act" means [an] insurance
fraud as defined in section 176.05 of  the  penal  law;  and  the  terms
"personal  insurance"  and  "commercial  insurance"  shall have the same
meaning ascribed to them by section 176.00 of such law.
  S 2. Section 176.05 of the penal law, as amended by chapter 635 of the
laws of 1996, subdivision 1 as designated and subdivision 2 as added  by
chapter 2 of the laws of 1998, is amended to read as follows:
S 176.05 Insurance fraud; defined.
  [1.]  A fraudulent insurance act is committed by any person who, know-
ingly and with intent to defraud presents, causes to  be  presented,  or
prepares with knowledge  or belief that it will be presented to or by an
insurer,  self insurer, or purported insurer, or purported self insurer,
or any agent thereof[,]:
  1. any written statement as part of, or in support of, an  application
for  the issuance of, or the rating of a commercial insurance policy, or
certificate or evidence of self insurance for  commercial  insurance  or
commercial  self  insurance,  or  a  claim  for payment or other benefit
pursuant to an insurance policy or self insurance program for commercial
or personal insurance [which] THAT he OR SHE knows to:
  [(i)] (A) contain materially false  information  concerning  any  fact
material thereto; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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