California’s Insurance Fraud Prevention Act
Of the $27 billion to $200 billion taken by insurance fraud perpetrators working in the U.S., $7 billion or more is taken from insurers in the state of California. It is perhaps for that reason…

Don’t Rely on Law Enforcement Alone
While cooperation with law enforcement is encouraged, and often required by state statute, insurers cannot rely on law enforcement in combating fraud.
The following video was adapted from my book, “Insurance Claims A Comprehensive…

Violent Crime Control and Law Enforcement Act
In September 1994, then President Clinton signed the violent Crime Control and Law Enforcement Act (42 U.S.C. Chapter 136) to make insurance fraud a federal crime when it affects interstate commerce.
The following…

Other Legislative Initiatives
 Antitrust Laws
Trusts are now prohibited by federal statute and by statutes in other various states.
Under the federal McCarran-Ferguson Act (15 U.S.C. §§ 1011-1015), the business of insurance is generally exempt from antitrust laws to the…

 Fraud Statutes
The first Congress of the United States enacted a statute imposing criminal penalties upon anyone who, having knowledge of  the actual commission of certain felonies, shall conceal, and not as soon as may be disclose and make known…

The Legislative Arsenal
NAIC and the Coalition Against Insurance Fraud have each proposed model criminal insurance fraud statutes to define the crime of insurance fraud, and many states have enacted laws based on these model statutes. These model acts are…

Insurance Fraud & the Attorney Client Privilege
Where an insurer retains an FPCA as an independent coverage counsel to provide legal advice regarding the insurer’s coverage obligations under the policy the attorney-client privilege may be invoked to prevent disclosure of…