Insurance Code § 1871.9 – Reporting Fraudulent Claims
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Insurance Code § 1871.9 – Reporting Fraudulent Claims
Insurance Code – INS
DIVISION 1. GENERAL RULES GOVERNING INSURANCE [100 – 1879.8]
( Division 1 enacted by Stats. 1935, Ch. 145. )
PART 2. THE BUSINESS OF INSURANCE [680 – 1879.8]
( Part 2 enacted by Stats. 1935, Ch. 145. )
CHAPTER 12. The Insurance Frauds Prevention Act [1871 – 1879.8]
( Chapter 12 added by Stats. 1989, Ch. 1119, Sec. 3. )
ARTICLE 1. False and Fraudulent Claims [1871 – 1871.10]
( Article 1 added by Stats. 1989, Ch. 1119, Sec. 3. )
California Law
1871.9.
The department shall post all of the following information on its Internet Web site for each person, as defined in Section 19, convicted of a violation of this article, Section 11760 or 11880, Section 3700.5 of the Labor Code, or Section 487 or 550 of the Penal Code, if the violation involved workers’ compensation insurance, services, or benefits:
(a) The name, case number, county or court, and other identifying information with respect to the case.
(b) The full name of the defendant.
(c) The city and county of the defendant’s last known residence or business address.
(d) The date of conviction.
(e) A description of the offense.
(f) The amount of money alleged to have been defrauded.
(g) A description of the punishment imposed, including the length of any sentence of imprisonment and the amount of any fine imposed.
The information required to be posted under this section shall be maintained on the department’s Web site for a period of five years from the date of conviction or until the department is notified in writing by the person that the conviction has been reversed or expunged.
(Added by Stats. 2004, Ch. 281, Sec. 1. Effective January 1, 2005.)
California Law Summary
This statute mandates that the California Department of Insurance (CDI) publicly disclose specific information about individuals convicted of workers’ compensation insurance fraud. The goal is to enhance transparency and deter fraudulent activities within the workers’ compensation system.
Key Provisions: For each qualifying conviction, the CDI must post the following details on its official website:
Defendant Information: Full name, city, and county of last known residence or business address.
Case Details: Case number, court, county, and other identifying information.
Conviction Information: Date of conviction, description of the offense, amount of money defrauded, and description of the punishment imposed (including imprisonment length and any fines).
This information must remain accessible on the CDI website for five years from the date of conviction or until the department is notified in writing that the conviction has been reversed or expunged.
Purpose
To promote accountability and deter fraud by publicly identifying individuals convicted of defrauding the workers’ compensation system.
Application
While § 1871.9 specifically addresses workers’ compensation fraud, its enforcement underscores the broader commitment to combating insurance fraud in all areas, including personal injury claims. Public disclosure serves as a deterrent and reinforces the importance of integrity in filing legitimate claims.
