South Dakota Insurance Fraud Laws
Insurance fraud can occur in a number of different ways, but generally involves an insured individual (or entity) filing a fraudulent insurance claim by making up a fictitious loss or exaggerating the extent of a loss that did occur. However, insurance fraud can also be committed by uninsured parties or by insurance providers. The table below outlines South Dakota's main insurance fraud law.
|South Dakota Code section 58-4A-2: Fraudulent Insurance Acts|
|A person commits a fraudulent insurance act if the person:
The Insurance Fraud Prevention Unit
In South Dakota, the Insurance Fraud Prevention Unit is responsible for investigating and prosecuting fraudulent insurance acts. The Unit is charged with performing the following acts:
- Conduct investigations if the unit has cause to believe that a fraudulent insurance act has been or may be committed
- Review reports of alleged fraudulent insurance acts to determine whether such reports require further investigation
- Undertake independent studies to determine the extent of fraudulent insurance acts
- Promote awareness of insurance fraud through educational programs
- Prosecute fraudulent insurance acts on behalf of the state through criminal and civil proceedings, and
- Cooperate with federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of fraudulent insurance acts
Suspected insurance fraud in South Dakota should be reported to the Insurance Fraud Prevention Unit. Any person who, in good faith, reports suspected insurance fraud (relating to suspected, anticipated, or completed fraudulent insurance acts) is immune from civil liability in most instances. For more information about immunity from civil liability for information reported in good faith see South Dakota Code section 58-4A-13.
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