State Codes and Statutes

Statutes > Nebraska > Chapter44 > 44-6604

44-6604. Fraudulentinsurance acts; enumerated.For purposes of the InsuranceFraud Act, a person or entity commits a fraudulent insurance act if he orshe:(1) Knowingly and with intent to defraud or deceive presents, causesto be presented, or prepares with knowledge or belief that it will be presentedto or by an insurer, or any agent of an insurer, any statement as part of,in support of, or in denial of a claim for payment or other benefit from aninsurer or pursuant to an insurance policy knowing that the statement containsany false, incomplete, or misleading information concerning any fact or thingmaterial to a claim;(2) Assists, abets, solicits, or conspires with another to prepare ormake any statement that is intended to be presented to or by an insurer orperson in connection with or in support of any claim for payment or otherbenefit from an insurer or pursuant to an insurance policy knowing that thestatement contains any false, incomplete, or misleading information concerningany fact or thing material to the claim;(3) Makes any false or fraudulent representations as to the death ordisability of a policy or certificate holder or a covered person in any statementor certificate for the purpose of fraudulently obtaining money or benefitfrom an insurer;(4) Knowingly and willfully transacts any contract, agreement, or instrumentwhich violates this section;(5) Receives money for the purpose of purchasing insurance and convertsthe money to the person's own benefit;(6) Willfully embezzles, abstracts, purloins, misappropriates, or convertsmoney, funds, premiums, credits, or other property of an insurer or personengaged in the business of insurance;(7) Knowingly and with intent to defraud or deceive issues or possessesfake or counterfeit insurance policies, certificates of insurance, insuranceidentification cards, or insurance binders;(8) Knowingly and with intent to defraud or deceive makes any falseentry of a material fact in or pertaining to any document or statement filedwith or required by the department;(9) Knowingly and with intent to defraud or deceive removes, conceals,alters, diverts, or destroys assets or records of an insurer or person engagedin the business of insurance or attempts to remove, conceal, alter, divert,or destroy assets or records of an insurer or person engaged in the businessof insurance;(10) Knowingly and withthe intent to defraud or deceive provides false, incomplete, or misleadinginformation to an insurer concerning the number, location, or classificationof employees for the purpose of lessening or reducing the premium otherwisechargeable for workers' compensation insurance coverage;(11) Willfully operates asor aids and abets another operating as a discount medical plan organizationin violation of subsection (1) of section 44-8306; or(12) Willfully collects feesfor purported membership in a discount medical plan but purposefully failsto provide the promised benefits. SourceLaws 1995, LB 385, § 4; Laws 1997, LB 272, § 3; Laws 2002, LB 547, § 3; Laws 2008, LB855, § 32; Laws 2009, LB208, § 2.