§431:2-405 - Insurance fraud; administrative penalties.
[§431:2-405] Insurance fraud;
administrative penalties. (a) In addition to or in lieu of criminal
penalties under section 431:2-403(b), any person who commits insurance fraud as
defined under section 431:2-403, may be subject to the administrative penalties
in this section.
(b) If a person is found to have knowingly
committed insurance fraud under this part, the commissioner may assess any or
all of the following penalties:
(1) Restitution to any insurer or any other person of
benefits or payments fraudulently received or other damages or costs incurred;
(2) A fine of not more than $10,000 for each
violation; and
(3) Reimbursement of attorneys' fees and costs of the
party sustaining a loss under this part; provided that the State shall be
exempt from paying attorneys' fees and costs to other parties.
(c) Administrative actions brought for
insurance fraud under this part shall be brought within six years after the
insurance fraud is discovered or by exercise of reasonable diligence should
have been discovered and, in any event, no more than ten years after the date
on which a violation of this part is committed. [L 2009, c 149, pt of §2]