Bill Text: IA HF2238 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the receipt of pecuniary damages by insurers as victims of insurance fraud for purposes of criminal restitution. (Formerly HSB 585.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-03-21 - Signed by Governor. H.J. 652. [HF2238 Detail]

Download: Iowa-2017-HF2238-Enrolled.html

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House File 2238 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON COMMERCE

                              (SUCCESSOR TO HSB 585)
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                                   A BILL FOR
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                                        House File 2238

                             AN ACT
 RELATING TO THE RECEIPT OF PECUNIARY DAMAGES BY INSURERS
    AS VICTIMS OF INSURANCE FRAUD FOR PURPOSES OF CRIMINAL
    RESTITUTION.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 910.1, subsection 3, Code 2018, is
 amended to read as follows:
    3.  "Pecuniary damages" means all damages to the extent
 not paid by an insurer on an insurance claim by the victim,
 which a victim could recover against the offender in a civil
 action arising out of the same facts or event, except punitive
 damages and damages for pain, suffering, mental anguish, and
 loss of consortium. Without limitation, "pecuniary damages"
 includes damages for wrongful death and expenses incurred for
 psychiatric or psychological services or counseling or other
 counseling for the victim which became necessary as a direct
 result of the criminal activity.
    Sec. 2.  Section 910.1, subsection 5, Code 2018, is amended
 to read as follows:
    5.  "Victim" means a person who has suffered pecuniary
 damages as a result of the offender's criminal activities.
 However, for purposes of this chapter, an insurer paying a
 victim's insurance claim is not a victim and does not have a
 right of subrogation.  An insurer may be a victim for purposes
 of this chapter if insurance fraud in violation of section
 507E.3 or 507E.3A has been perpetrated against the insurer.
  The crime victim compensation program is not an insurer for
 purposes of this chapter, and the right of subrogation provided
 by section 915.92 does not prohibit restitution to the crime
 victim compensation program.


                                                                                            LINDA UPMEYER


                                                                                            CHARLES SCHNEIDE


                                                                                            CARMINE BOAL


                                                                                            KIM REYNOLDS

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