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10.6-1 Defrauding Life or Accident Insurance Companies -- § 38a-287
Revised to December 1, 2007
The defendant is charged [in count __] with filing a fraudulent insurance claim. The statute defining this offense imposes punishment on any person who <insert as appropriate:>
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obtains or attempts to obtain, from any (life / accident) insurance company of this state, any money on any policy of insurance issued by it, by (falsely / fraudulently) representing the insured person as (dead / injured).
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fraudulently obtains or attempts to obtain any money from any (life / accident) insurance company of this state upon a policy of insurance issued in the name of a fictitious person.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Obtained money
The first element is that the
defendant obtained or attempted to obtain from any (life / accident) insurance
company of this state, any money on any policy of insurance issued by it.
Element 2 - By fraud or
fictitious name
The second element is that the money
was obtained <insert as appropriate:>
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by (falsely / fraudulently) representing the insured person as (dead / injured).
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fraudulently upon a policy of insurance issued in the name of a fictitious person.
A "fraudulent representation" is a representation whose purpose is to deceive. It is knowingly untrue or made without belief in its truth and for the purpose of inducing action on it.
Conclusion
In summary, the state must prove beyond a reasonable doubt that the defendant 1) obtained or attempted to obtain from any life or accident insurance company of this state, any money on any policy of insurance issued by it, and 2) (he/she) <insert specific allegations as to fraudulent conduct>.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of defrauding a life or accident insurance company, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
Commentary
Sentence Enhancer
Section 38a-287
provides a greater penalty if the sum is greater than $100. The jury must find
this proved beyond a reasonable doubt. See
Sentence Enhancers, Instruction 2.11-4.