26.1-02.1 Insurance Fraud
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<![CDATA[CHAPTER 26.1-02.1INSURANCE FRAUD26.1-02.1-01. Definitions. As used in this chapter:1."Business of insurance" means the writing of insurance or the reinsuring of risks by<br>an insurer, including acts necessary or incidental to writing insurance or reinsuring<br>risks and the activities of persons who act as or who are officers, directors, agents,<br>or employees of insurers, or who are other persons authorized to act on their behalf.<br>The term does not include the activities of the North Dakota life and health insurance<br>guaranty association or the North Dakota insurance guaranty association.2."Financial loss" includes loss of earnings, out-of-pocket and other expenses, repair<br>and replacement costs, and claims payments.3."Fraudulent insurance act" includes the following acts or omissions committed by a<br>person knowingly and with intent to defraud:a.Presenting, causing to be presented, or preparing with knowledge or belief that<br>it will be presented to or by an insurer, reinsurer, insurance producer, or any<br>agent thereof, false or misleading information as part of, in support of, or<br>concerning a fact material to one or more of the following:(1)An application for the issuance or renewal of an insurance policy or<br>reinsurance contract;(2)The rating of an insurance policy or reinsurance contract;(3)A claim for payment or benefit pursuant to an insurance policy or<br>reinsurance contract;(4)Premiums paid on an insurance policy or reinsurance contract;(5)Payments made in accordance with the terms of an insurance policy or<br>reinsurance contract;(6)A document filed with the commissioner or the chief insurance regulatory<br>official of another jurisdiction;(7)The financial condition of an insurer or reinsurer;(8)The formation, acquisition, merger, reconsolidation, dissolution, or<br>withdrawal from one or more lines of insurance or reinsurance in all or<br>part of this state by an insurer or reinsurer;(9)The issuance of written evidence of insurance;(10)The reinstatement of an insurance policy; or(11)The formation of an agency, brokerage, or insurance producer contract.b.Solicitation or acceptance of new or renewal insurance risks on behalf of an<br>insurer, reinsurer, or other person engaged in the business of insurance by a<br>person who knows or should know that the insurer or other person responsible<br>for the risk is insolvent at the time of the transaction.c.Removal, concealment, alteration, or destruction of the assets or records of an<br>insurer, reinsurer, or other person engaged in the business of insurance.Page No. 1d.Theft by deception or otherwise, or embezzlement, abstracting, purloining, or<br>conversion of moneys, funds, premiums, credits, or other property of an<br>insurer, reinsurer, or person engaged in the business of insurance.e.Attempting to commit, aiding or abetting in the commission of, or conspiring to<br>commit the acts or omissions specified in this section.4."Insurance" means a contract or arrangement in which one undertakes to pay or<br>indemnify another as to loss from certain contingencies called "risks", including<br>through reinsurance; pay or grant a specified amount or determinable benefit to<br>another in connection with ascertainable risk contingencies; pay an annuity to<br>another; or act as surety. The term does not include a debt cancellation contract<br>between a bank and debtor, between a credit union and debtor, or between a<br>savings association and debtor and does not include a debt suspension contract<br>between a bank and debtor, between a credit union and debtor, or between a<br>savings association and debtor.5."Insurer" means a person entering into arrangements or contracts of insurance or<br>reinsurance and who agrees to perform any of the acts set forth in subsection 4,<br>whether the person has or is required to have a certificate of authority or denies<br>being an insurer.The term does not include the North Dakota life and healthinsurance guaranty association, the risk management fund, a bank, credit union, or<br>savings association as a party to a debt cancellation contract or debt suspension<br>contract, or the North Dakota insurance guaranty association.6."Person" means an individual, corporation, partnership, association, joint stock<br>company, trust, unincorporated organization, or any similar entity or any combination<br>of the foregoing.7."Policy" means an individual or group policy, group certificate, contract, or<br>arrangement of insurance or reinsurance affecting the rights of a resident of this<br>state or bearing a reasonable relation to this state, regardless of whether delivered<br>or issued for delivery in this state.8."Practitioner" means a licensee of this state authorized to practice medicine and<br>surgery, psychology, chiropractic, or law or any other licensee of the state whose<br>services are compensated, directly or indirectly, by insurance proceeds, or a<br>licensee similarly licensed in other states and nations or the practitioner of any<br>nonmedical treatment rendered in accordance with a recognized religious method of<br>healing.9."Reinsurance" means a contract, binder of coverage including placement slip, or<br>arrangement under which an insurer procures insurance for itself in another insurer<br>as to all or part of an insurance risk of the originating insurer.26.1-02.1-02. Insurance fraud. Repealed by S.L. 2003, ch. 235, </p>
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