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2018 SESSION

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SB 517 False and fraudulent insurance claims; civil penalties and damages.

Introduced by: T. Montgomery "Monty" Mason | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

False and fraudulent insurance claims; civil penalties and damages. Establishes a cause of action for knowingly obtaining, attempting to obtain, or causing to be obtained, by deception, control over the property of any insurer by making a false or fraudulent insurance claim. A person who commits such an act is liable to the Commonwealth for (i) remedial damages equal to three times the amount of the property wrongfully obtained or, if no property was wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, and (ii) a civil penalty of not less than $5,500 and not more than $11,000. Actions may be brought by the Superintendent of State Police or the Attorney General. Alternatively, qui tam actions may be brought by a private person in the name of the Commonwealth, in which event the Commonwealth has the right to intervene and proceed with the action. The measure provides for the allocation of proceeds of such actions among the Commonwealth and a private person who initiates such an action, with the portion allocated to the Commonwealth being directed to the Department of State Police's special fund for insurance fraud.


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