20.25 INSURANCE FRAUD (KNOWINGLY CONCEALING MATERIAL INFORMATION)

To prove the crime of Insurance Fraud, the State must prove the following three elements beyond a reasonable doubt:

Give 1a or 1b or both as applicable.

1. (Defendant)

a. knowingly presented or knowingly caused to be presented a written or oral statement to any

b. prepared or made a written or oral statement knowing or believing it would be presented to any

[insurer]

[purported insurer]

[servicing corporation]

[insurance broker]

[insurance agent]

[an employee or agent of an [insurer] [purported insurer] [servicing corporation] [insurance broker] [insurance agent]].

2. The written or oral statement was a part of or in support of an application for the issuance of [or rating of] any insurance policy [or a health maintenance organization subscriber or provider contract].

3. (Defendant) did so with the intent to injure, defraud, or deceive an insurer by knowingly concealing information concerning any fact material to the application.

If you find the defendant guilty of Insurance Fraud, you must determine whether the State proved beyond a reasonable doubt that the value of the property involved was:

a. $100,000 or more.

b. $20,000 or more but less than $100,000.

c. less than $20,000

If the value of the property cannot be ascertained, you should attempt to determine a minimum value. If you cannot determine the minimum value, you must find the value is less than $100.