Louisiana Revised Statutes 22:1931.3 – A. No person shall knowingly commit any fraudulent insurance act as defined in R.S. 22:1923 or violate any provision of R.S. 22:1924.
Terms Used In Louisiana Revised Statutes 22:1931.3
- Attorney general: means the attorney general for the state of Louisiana. See Louisiana Revised Statutes 22:1931.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraudulent insurance act: shall include but not be limited to acts or omissions committed by any person who, knowingly and with intent to defraud:
(a) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, reinsurer, purported insurer or reinsurer, producer, or any agent thereof, any oral or written statement which he knows to contain materially false information as part of, or in support of, or denial of, or concerning any fact material to or conceals any information concerning any fact material to the following:
(i) An application for the issuance of any insurance policy. See Louisiana Revised Statutes 22:1923
- knowingly: means that the person has actual knowledge of the falsity of the information or that the person acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. See Louisiana Revised Statutes 22:1931.1
- Person: means any natural or juridical entity or agent thereof as defined in federal or state law furnishing or claiming to furnish a good, service, or supply who is compensated with insurance proceeds. See Louisiana Revised Statutes 22:1931.1
- Recovery: means the recovery of attempted benefits pursued, overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, interest, or settlement amounts. See Louisiana Revised Statutes 22:1931.1
§1931.3. Civil actions authorized
A. No person shall knowingly commit any fraudulent insurance act as defined in La. Rev. Stat. 22:1923 or violate any provision of La. Rev. Stat. 22:1924.
B. The attorney general may institute a civil action in the Nineteenth Judicial District Court for the parish of East Baton Rouge to seek recovery from any person or persons who violate any provision of La. Rev. Stat. 22:1924. Each violation may be treated as a separate violation or may be combined into one violation at the option of the attorney general.
C. An action by a prevailing defendant to recover costs, expenses, fees, and attorney fees shall be ancillary to and shall be brought and heard in the same court as the civil action brought pursuant to the provisions of Subsection B of this Section.
D. A prevailing defendant may seek recovery only for costs, expenses, fees, and attorney fees if the court finds, following a contradictory hearing, that either of the following applies:
(1) The action was instituted by the attorney general pursuant to Subsection A of this Section after it should have been determined by the attorney general to be frivolous, vexatious, or brought primarily for the purpose of harassment.
(2) The attorney general proceeded with an action properly instituted pursuant to Subsection A of this Section after it should have been determined by the attorney general that proceeding would be frivolous, vexatious, or for the purpose of harassment.
E. Any action brought pursuant to the provisions of this Part shall be filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
Acts 2012, No. 862, §1.