Kansas Insurance Fraud Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

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Insurance fraud comes in many forms, but generally involves an insured individual making false or exaggerated claims in order to obtain an improper payment. However, insurers (businesses that provide insurance) and non-insured parties can also commit insurance fraud. In Kansas, insurance fraud is criminalized under the Fraudulent Insurance Act.

Code Section

Kansas Statutes section 40-2,118: Fraudulent Insurance Act
What's Prohibited?

Fraudulent insurance acts.

What's a "Fraudulent Insurance Act?"

An act committed by a person who (knowingly and with the intent to defraud) presents or prepares any written statement that they know contains false information about any fact material to:

  • An application for insurance
  • The rating or an insurance policy, or
  • A claim for payment or other benefit under an insurance policy

A fraudulent insurance act can also be committed (knowingly and with the intent to defraud) by concealing any fact material to:

  • An application for insurance
  • The rating of an insurance policy, or
  • A claim for payment or other benefit under an insurance policy

Antifraud Initiatives

 Every insurer must have antifraud initiatives in place that are reasonably calculated to detect fraudulent insurance acts. These initiatives may include fraud investigators or an antifraud plan.

Penalties

The penalty for committing a fraudulent insurance act varies depending on how much money was involved. If the amount is:

  • $25,000 or more: Severity level 6, nonperson felony
  • Between $5,000 and $25,000: Severity level 7, nonperson felony
  • Between $1,000 and $5,000: Severity level 8, nonperson felony
  • Less than $1,000: Class C misdemeanor

Violators will also be ordered to pay restitution to the insurer and any other party that sustained a financial loss because of the fraud.

Reporting Insurance Fraud

In Kansas, if an insurer has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed, the insurer must report the suspected fraud to the Kansas Insurance Commissioner. Insurers can call 785-296-3918 or send an email to antifraud@ksinsurance.org.

Public citizens who know or suspects that a fraudulent insurance act is being or has been committed may report the suspected fraud by sending an email to antifraud@ksinsurance.org.

For more information visit the Kansas Insurance Commissioner's website.

Additional Resources

State laws change frequently. For case specific information about Kansas' insurance fraud laws contact a local insurance lawyer.

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