41-290. FRAUDULENT CLAIMS. Any insurer which has facts to support a belief that a fraudulent claim is being or has been made shall, within sixty (60) days of the receipt of such notice, send to the director of insurance, on a form prescribed by the director, the information requested and such additional information relative to the claim and the parties claiming loss or damages as the director may require. The director of the department of insurance shall review such reports and select such claims as, in his judgment, may require further investigation. He shall then cause an independent examination of the facts surrounding such claim to be made to determine the extent, if any, to which fraud, deceit, or intentional misrepresentation of any kind exists in the submission of the claim. The director of the department of insurance shall report any alleged violations of law which his investigations disclose to the appropriate licensing agency and prosecuting authority having jurisdiction with respect to any such violation.
If, upon examination, the director of the department of insurance determines that an insurer has intentionally not reported a claim when the insurer had facts to support a belief that the claim was fraudulent in accordance with the provisions of this chapter, the director may impose fines and penalties pursuant to section 41-327, Idaho Code, for each unreported suspected fraudulent claim.
History:
[(41-290) I.C., sec. 41-250, as added by 1981, ch. 23, sec. 1, p. 39; am. and redesig. 1994, ch. 219, sec. 1, p. 696.]
Structure Idaho Code
Chapter 2 - THE DEPARTMENT OF INSURANCE
Section 41-201 - DEPARTMENT OF INSURANCE.
Section 41-202 - DIRECTOR — APPOINTMENT — TERM — QUALIFICATIONS.
Section 41-203 - TERMS CONSTRUED.
Section 41-204 - DIRECTOR’S OATH AND BOND.
Section 41-205 - OFFICIAL SEAL.
Section 41-206 - DIVISIONS AND EMPLOYEES.
Section 41-207 - DELEGATION OF POWERS.
Section 41-208 - PROHIBITED INTERESTS, REWARDS.
Section 41-209 - PROFESSIONAL SERVICES.
Section 41-210 - GENERAL POWERS, DUTIES.
Section 41-212 - ORDERS, NOTICES.
Section 41-214 - RECORDS — REPRODUCTION — DESTRUCTION.
Section 41-215 - USE OF REPRODUCTIONS AND CERTIFIED COPIES AS EVIDENCE.
Section 41-216 - DIRECTOR’S ANNUAL REPORT.
Section 41-217 - PUBLICATIONS AUTHORIZED.
Section 41-218 - PUBLICATIONS — SALE.
Section 41-219 - EXAMINATION OF INSURERS.
Section 41-220 - EXAMINATION OF AGENTS, BROKERS, CONSULTANTS, MANAGERS, ADJUSTERS, PROMOTERS.
Section 41-221 - PLACE OF EXAMINATION.
Section 41-222 - EXAMINATION COOPERATION WITH OTHER STATES.
Section 41-224 - EXAMINATION — APPRAISAL OF ASSET.
Section 41-225 - OBSTRUCTION OF EXAMINATION — PENALTY.
Section 41-226 - EXAMINERS — QUALIFICATIONS.
Section 41-227 - EXAMINATION REPORT.
Section 41-228 - EXAMINATION EXPENSE.
Section 41-229 - WITNESSES AND EVIDENCE.
Section 41-230 - TESTIMONY COMPELLED — IMMUNITY FROM PROSECUTION.
Section 41-231 - HEARINGS AND APPEAL — SCOPE OF PROVISIONS.
Section 41-232 - HEARINGS IN GENERAL.
Section 41-234 - PLACE OF HEARING — ADMISSION OF PUBLIC.
Section 41-235 - NOTICE OF HEARING.
Section 41-236 - SHOW CAUSE NOTICE.
Section 41-237 - ADJOURNED HEARING.
Section 41-238 - NONATTENDANCE.
Section 41-240 - ORDER ON HEARING.
Section 41-247 - INQUIRY POWERS OF DIRECTOR.
Section 41-248 - INTERSTATE RELATIONS.
Section 41-253 - STATEMENT OF PURPOSE — ADOPTION OF INTERNATIONAL FIRE CODE.
Section 41-255 - DUTIES OF STATE FIRE MARSHAL.
Section 41-256 - ASSISTANTS TO STATE FIRE MARSHAL — LOCAL APPEAL PROCEDURE.
Section 41-257 - STATE FIRE MARSHAL AS CHIEF ARSON INVESTIGATION OFFICER.
Section 41-258 - REPORT OF LOSSES BY FIRE INSURANCE COMPANIES TO STATE FIRE MARSHAL.
Section 41-259 - INSPECTION OF BUILDINGS — ORDER OF REMEDY OR REMOVAL — SERVICE OF ORDER.
Section 41-260 - APPEAL FROM ORDER OF REMEDY OR REMOVAL — APPEAL FROM LOCAL APPEAL DECISION.
Section 41-263 - FAILURE TO PAY EXPENSE OF REPAIR OR DEMOLITION — ASSESSMENT.
Section 41-264 - INVESTIGATIVE HEARINGS — SUBPOENA OF WITNESSES — CONDUCT OF HEARING.
Section 41-265 - WITNESS FEES — CHARGE FOR SERVICE OF PROCESS.
Section 41-266 - ADMISSION OF INTERNATIONAL FIRE CODE IN EVIDENCE.
Section 41-268 - ARSON, FIRE AND FRAUD PREVENTION ACCOUNT.
Section 41-269 - LIBERAL CONSTRUCTION OF ACT.
Section 41-286 - UNIFORM CLAIMS PROCESSING.
Section 41-288 - RETALIATORY REQUIREMENT.
Section 41-290 - FRAUDULENT CLAIMS.
Section 41-292 - DISCLOSURE OF INFORMATION BY INSURERS.
Section 41-293 - INSURANCE FRAUD.
Section 41-294 - DAMAGE TO OR DESTRUCTION OF INSURED PROPERTY.
Section 41-295 - DUTIES OF THE INVESTIGATION SECTION.
Section 41-296 - CONFIDENTIALITY — COMPULSORY TESTIMONY.