Assembly Bill A8365

Signed By Governor
2011-2012 Legislative Session

Amends the definition of insurance fraud

download bill text pdf

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Archive: Last Bill Status Via S5562 - Signed by Governor


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

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2011-A8365 (ACTIVE) - Details

See Senate Version of this Bill:
S5562
Law Section:
Insurance Law
Laws Affected:
Amd §403, Ins L; amd §176.05, Pen L

2011-A8365 (ACTIVE) - Summary

Amends the definition of insurance fraud.

2011-A8365 (ACTIVE) - Bill Text download pdf

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

                                  8365

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2011
                               ___________

Introduced  by  M.  of  A.  WEPRIN  -- (at request of the New York State
  Insurance Department) -- read once and referred to  the  Committee  on
  Insurance

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  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.
                                                           LBD10648-02-1

              

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