New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter IV - Financial Condition Of Insurer and Reports to Superintendent › Subchapter A - Rules of General Application › Part 86 - Reports Of Suspected Insurance Frauds To Insurance Frauds Bureau; Required Warning Statements › Section 86.4 - Warning statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				  with respect to automobile insurance, all claim forms for insurance, and all
				  applications for commercial insurance and accident and health insurance,
				  provided to any person residing or located in this State in connection with
				  insurance policies for issuance or issuance for delivery in this State, shall
				  contain the following statement:
"Any person who knowingly and with intent to defraud any
					 insurance company or other person files an application for insurance or
					 statement of claim containing any materially false information, or conceals for
					 the purpose of misleading, information concerning any fact material thereto,
					 commits a fraudulent insurance act, which is a crime, and shall also be subject
					 to a civil penalty not to exceed five thousand dollars and the stated value of
					 the claim for each such violation."
(b) All applications and claim forms for
				  automobile insurance provided to any person residing or located in this State
				  in connection with insurance policies for issuance or issuance for delivery in
				  this State shall contain the following statement:
"Any person who knowingly and with intent to defraud any
					 insurance company or other person files an application for commercial insurance
					 or a statement of claim for any commercial or personal insurance benefits
					 containing any materially false information, or conceals for the purpose of
					 misleading, information concerning any fact material thereto, and any person
					 who, in connection with such application or claim, knowingly makes or knowingly
					 assists, abets, solicits or conspires with another to make a false report of
					 the theft, destruction, damage or conversion of any motor vehicle to a law
					 enforcement agency, the department of motor vehicles or an insurance company
					 commits a fraudulent insurance act, which is a crime, and shall also be subject
					 to a civil penalty not to exceed five thousand dollars and the value of the
					 subject motor vehicle or stated claim for each violation."
(c) Self-insurers may adopt one or both of
				  the required warning statements set forth in subdivisions (a) and (b) of this
				  section on their claim forms.
(d)
				  Location of warning statements and type size. The warning statements required
				  by subdivisions (a), (b) and (e) of this section shall be placed immediately
				  above the space provided for the signature of the person executing the
				  application or claim form and shall be printed in type which will produce a
				  warning statement of conspicuous size. On claim forms which require execution
				  by a person other than the claimant, or in addition to the claimant, the
				  warning statements required by subdivisions (a), (b) and (e) of this section
				  shall be placed at the top of the first page of the claim form or on the page
				  containing instructions, either in print, by stamp or by attachment and shall
				  be in type size which will produce a warning statement of conspicuous
				  size.
(e) Notwithstanding the
				  provisions of subdivisions (a) and (b) of this section, insurers may use
				  substantially similar warning statements provided such warning statements are
				  submitted to the Insurance Frauds Bureau for prior approval.