Oklahoma Insurance Fraud Laws

Insurance fraud occurs when false statements are intentionally made in order to obtain improper payments, or other benefits, related to an insurance policy. Both insurers and consumers can fall victim to insurance fraud. Insurance companies can be victimized by policyholders who file bogus claims or exaggerate real losses. Consumers can be victimized by purchasing illegitimate insurance policies.

The following table highlights Oklahoma's main insurance fraud law.

Code Section

Oklahoma Code section 21-1662: Fraudulent Insurance Claims

What's Prohibited?

  • Presenting a false or fraudulent insurance claim (or any false proof to support an insurance claim) for the payment of any loss, or
  • Preparing, making, or subscribing to any account, certificate, survey affidavit, proof of loss, or other writing with the intent to use it as support for a fraudulent insurance claim

Penalties

Felony. Punishable by imprisonment for up to three years, and/or by a fine that can't exceed twice the amount of the loss.

Workers' Compensation Insurance Fraud

Workers' compensation fraud occurs when the offender intends to injure, defraud, or deceive another with respect to any of the following:

  • A claim for payment or other benefits under an insurance policy
  • An application for a new insurance policy
  • The rating of an insurance policy, or any risks associated with the policy
  • Premiums paid on an insurance policy (whether or not the contract was actually issued)
  • Payments made under an insurance policy
  • An application for any license required by the Oklahoma Insurance Code
  • The financial condition of an insurer or purported insurer
  • The acquisition of an insurer, or
  • An insurance policy or a Certification of Non-Coverage

In Oklahoma, workers' compensation insurance fraud constitutes a felony. This crime is punishable by imprisonment for up to seven years and/or by a fine of up to $10,000. The penalty is enhanced for each prior felony conviction of workers' compensation fraud.

How Do I Report Fraud?

Oklahoma is a "mandatory reporting" state, which means that insurance companies doing business within the state must immediately report all instances of suspected insurance fraud to the Anti-Fraud Unit. The Ant-Fraud Unit also encourages individuals to report insurance fraud. All reports made by individuals are confidential, and Oklahoma provides immunity for reporters that didn't act in bad faith, reckless disregard for the truth, or with actual malice. You can report fraud by calling (800) 522-0071 or via the Anti-Fraud Unit's website.

Additional Resources

State laws change frequently. For case specific information regarding Oklahoma's insurance fraud laws contact a local criminal defense attorney.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.