The Fraudulent Insurance Act in Utah law identifies three parties that may all be guilty of insurance fraud: 1) individuals or groups conspiring to give false information to an insurance company in order to receive a benefit, 2) service providers who overbill insurance companies, and 3) insurers unwilling to live up to their contract who try to deny payment on a valid claim.
Levitt Legal, PLLC can assist anyone charged with insurance fraud. Because insurance cases involve subjective analysis and interpretation, innocent people acting in good faith can be charged with insurance fraud.
Defense Lawyer for Insurance Fraud in Salt Lake City
Levitt Legal, PLLC views each client individually. We will doggedly pursue the best outcome for you and keep in constant contact so you know where your case stands. Insurance fraud can be a complicated white collar matter, and careful attention to detail can make a significant impact on your case. The first step is a no-obligation consultation to review the facts of the case and our game plan.
Call 801-455-1743 today to schedule a meeting with a Salt Lake City insurance fraud lawyer.. Levitt Legal, PLLC represents clients across Salt Lake County, Weber County, Box Elder County, and Cache County.
Insurance Fraud Info Center
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Utah Criminal Code § 31A-31-103 – Fraudulent Insurance Act
The Fraudulent Insurance Act of Utah lays out the crimes of fraud relating to insurance. It is illegal to defraud an insurance company and it is also illegal under this act for an insurance company to cheat in order not to pay a legitimate claim.
For individuals, it is insurance fraud to present false information (oral or written) to an insurer on an application or renewal of an insurance policy, certificate, or contract. It is also illegal to present false information to an insurer in connection with a claim for payment.
The law also targets those that assist, abet, solicit or conspire to commit a fraudulent insurance act. Individuals are also banned from accepting a benefit from proceeds derived from a fraudulent insurance act.
In all cases, the prosecution must prove your intent to deceive or defraud and that you knowingly committed the fraudulent actions.
If you are a service provider doing work based off of an insurance repayment, it is illegal to submit a bill or repayment that contains costs or charges above the actual work performed. This can mean that the work performed could have been done at one time, but was intentionally spread out to cost more than usual. Also, work that was subpar—below professional standards—but billed at a normal rate, is considered insurance fraud.
Again, conspiring to commit a fraudulent insurance act is also considered fraud for a service provider, in addition to accepting benefits from a fraudulent insurance act. The service provider must have intentionally and knowingly performed the fraud.
An insurance provider will be found guilty of insurance fraud if it can be proven they knowingly and intentionally:
- withheld information or provided false or misleading information with respect to an application, coverage, benefits, or claims under a policy or certificate;
- assisted, abetted, solicited, or conspired with another to commit a fraudulent insurance act;
- knowingly accepted a benefit from the proceeds derived from a fraudulent insurance act; or
- knowingly supplied false or fraudulent material information in any document or statement required by the department.
An insurer or service provider is insulated from the illegal actions of her employees unless it is found that the insurer or service provider knew or should have known about the fraudulent insurance act.
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Penalties for Insurance Fraud
The penalties for insurance fraud are assessed to pay back the victim fully and also to pay for the law enforcement resources expended to research and prosecute the fraud. That includes full restitution to the victim plus the cost of investigators, attorneys, and possibly up to three times the total value of the fraud to the state.
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Finding the Best Insurance Fraud Defense Attorney in Utah
Insurance fraud cases require a defense attorney to immediately begin digging into evidence and interviewing witnesses. Physical evidence required to support your claims may not be available as the case drags on. Call 801-455-1743 to schedule a free consultation—your first step in the road to beating insurance fraud charges.
Levitt Legal, PLLC can represent clients across Salt Lake County, Weber County, Box Elder County, Cache County, and the surrounding area.