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 - 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-S5562 (ACTIVE) - Details

See Assembly Version of this Bill:
A8365
Law Section:
Insurance Law
Laws Affected:
Amd §403, Ins L; amd §176.05, Pen L

2011-S5562 (ACTIVE) - Summary

Amends the definition of insurance fraud.

2011-S5562 (ACTIVE) - Sponsor Memo

2011-S5562 (ACTIVE) - Bill Text download pdf

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

                                  5562

                       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

  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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