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Criminal Jury Instructions

Criminal Jury Instructions Home

10.6-1 Defrauding Life or Accident Insurance Companies -- § 38a-287

Revised to December 1, 2007 (modified August 1, 2008)

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:>

  • 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).

  • 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:>

  • by (falsely / fraudulently) representing the insured person as (dead / injured).

  • 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 depending on the amount of the money obtained. Prior to October 1, 2007, that amount was $100.  The statute was amended, effective October 1, 2008, to raise the amount to $2,000.  The jury must find this proved beyond a reasonable doubt. See Sentence Enhancers, Instruction 2.11-4.
 


 

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