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Maine Insurance Fraud Laws

Generally, insurance fraud occurs when misrepresentations are made with the intent to obtain an improper insurance payment. For example, an insured party might commit insurance fraud by overstating the extent of their injuries or by reporting a loss that didn't occur at all. However, insurance fraud can come in many different forms, and each state individually defines the acts that constitute insurance fraud within their state. This article provides a brief overview of Maine's insurance fraud laws.

Code Section

Maine Revised Statutes section 2186: Insurance Fraud Prevention

What's Prohibited?

A person may not commit a fraudulent insurance act.

A "fraudulent insurance act" is any of the following acts or omissions when committed knowingly and with the intent to defraud:

  • Presenting (or causing to be presented), or preparing any information containing false representations as to a material fact with the knowledge or belief that the information will be presented as part of an insurance policy application, the rating of an insurance policy, payments made in accordance with an insurance policy, premiums paid on an insurance policy, a document filed with the superintendent, the financial condition of an insurer, the formation or dissolution of an insurer, the issuance of written evidence of insurance, or the reinstatement of an insurance policy
  • Soliciting or accepting insurance risks on behalf of an insurer by a person who knows or should know that the insurer is insolvent
  • Removing, concealing, altering, or destroying the assets or records of an insurer,
  • Embezzling, or converting funds or other property of an insurer
  • Transacting the business of insurance in violation of laws requiring a license, or
  • Attempting to commit, aiding or abetting in the commission of, or conspiring to commit any of the acts outlines above

Reporting Fraudulent Insurance Acts

In Maine, insurers are required to report fraudulent insurance acts annually. On or before March 1st, insurers in Maine must file a report relating to all fraudulent insurance acts that the insurer knows of, or reasonably believes has been committed during the previous calendar year. Addition information about insurer reporting requirements can be found in section 2186(4).

Additional Resources

State laws change frequently. For case specific information regarding Maine's insurance fraud laws contact a local consumer protection attorney or criminal defense lawyer.

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