As used in this chapter, unless the context otherwise requires: “Actual malice” means knowledge that information is false, or reckless disregard of whether it is false; “Conceal” means to take affirmative action to prevent others from discovering information. Mere failure to disclose information does not constitute concealment. Action by the holder of a legal privilege, […]
Any person who, knowingly and with intent to defraud, and for the purpose of depriving another of property or for pecuniary gain, commits, participates in or aids, abets, or conspires to commit or solicits another person to commit, or intentionally permits its employees or its agents to commit any of the following acts, has committed […]
Any person who commits, participates in, or aids, abets, or conspires to commit, or solicits another person to commit, or permits its employees or its agents to commit any of the following acts with an intent to induce reliance, has committed an unlawful insurance act: Presents, causes to be presented, or prepares with knowledge or […]
A person who violates § 56-53-102 shall be punished and subject to the penalties under § 39-14-133.
A person convicted of a violation of § 56-53-102 shall be ordered to make monetary restitution for any financial loss or damages sustained by any other person as a result of the violation. Financial loss or damage shall include, but is not necessarily limited to, loss of earnings, out-of-pocket and other expenses, paid deductible amounts […]
Any practitioner determined by the court to have violated § 56-53-102 shall be deemed to have committed an act involving moral turpitude that is inimical to the public well being. The court or prosecutor shall notify the appropriate licensing authority in this state of the judgment for appropriate disciplinary action, including revocation of the professional […]
Any person injured in the person’s business or property by reason of a violation of § 56-53-103 may recover for the injury from the person or persons violating § 56-53-103, in any appropriate court having jurisdiction, the following: Return of any profit, benefit, compensation or payment received by the person violating § 56-53-103 directly resulting […]
The remedies expressly provided in § 56-53-107 shall be the only private remedies for violations of this chapter and no additional remedies shall be implied. The remedies available under § 56-53-107 shall not be used in conjunction with or in addition to any other remedies available at law or in equity to duplicate recovery for […]
When any law enforcement official or authority, any insurance department, state division of insurance fraud, or state or federal regulatory or licensing authority requests information from an insurer or insurance professional for the purpose of detecting, prosecuting or preventing insurance fraud, the insurer or insurance professional shall take all reasonable actions to provide the information […]
In the absence of actual malice, no person furnishing, disclosing or requesting information pursuant to § 56-53-109 shall be subject to civil liability for libel, slander, or any other cause of action arising from the furnishing, disclosing or requesting of the information. No person providing information pursuant to § 56-53-109(a) shall be subject to civil […]
Anti-Fraud Plans. By January 1, 2002, every insurer with direct written premiums exceeding ten million dollars ($10,000,000) shall prepare, implement, and maintain an insurance anti-fraud plan. Each insurer’s anti-fraud plan shall outline specific procedures, appropriate to the type of insurance the insurer writes in this state, to: Prevent, detect and investigate all forms of insurance […]
Nothing in this chapter shall apply to a workers’ compensation insurance policy as defined in § 56-47-102, and the Workers’ Compensation Fraud Act, compiled in chapter 47 of this title, shall continue in full force and effect.
