West Virginia Code 33-41-11a – Insurer antifraud initiatives
(a) Insurers shall have antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts.
Terms Used In West Virginia Code 33-41-11a
- Commissioner: means the Insurance Commissioner of West Virginia or his or her designee. See West Virginia Code 33-41-2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fraud: Intentional deception resulting in injury to another.
- Insurance: means a contract or arrangement in which a person undertakes to:
(1) Pay or indemnify another person as to loss from certain contingencies called "risks" including through reinsurance. See West Virginia Code 33-41-2
- Insurer: means a person entering into arrangements or contracts of insurance or reinsurance. See West Virginia Code 33-41-2
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Subpoena: A command to a witness to appear and give testimony.
(b) Antifraud initiatives may include:
(1) Fraud investigators, who may be insurer employees or independent contractors; or
(2) An antifraud plan submitted to the commissioner. Antifraud plans submitted to the commissioner are privileged and confidential, are exempt from public disclosure under the provisions of §29B-1-1 et seq. of this code, and are not subject to discovery or subpoena in a civil or criminal action.
(c) The commissioner may propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code to set forth requirements or standards for the submission of insurer antifraud plans.