NCJ Number
18398
Date Published
1972
Length
20 pages
Annotation
DESCRIPTION OF VARIOUS TYPES OF INSURANCE FRAUD, CITING CASE HISTORIES, AND DISCUSSION OF PROPOSED CHANGES IN THE WEST GERMAN CRIMINAL CODE TO COVER SUCH OFFENSES.
Abstract
THE AUTHOR DIVIDES INSURANCE FRAUD INTO FOUR CATEGORIES THE DRAWING UP OF FRAUDULENT CONTRACTS, FRAUDULENT EXPLOITATION OF AN EXISTING POLICY, FRAUDULENTLY COUNTERFEITING A CLAIM AND FRAUDULENTLY CONTRIVING A CLAIM UNDER AN EXISTING POLICY. AMONG THE TYPES OF FRAUD ILLUSTRATED BY CASE HISTORIES ARE SIMULATED SUICIDE, MURDER TO COLLECT THE VICTIM'S INSURANCE, SELF-MUTILATION AND SIMULATED AND DELIBERATELY INDUCED VEHICULAR ACCIDENTS. STATISTICS ARE CITED TO SHOW THAT ARSON FOR FRAUDULENT PURPOSES HAS BEEN DECLINING IN FREQUENCY, BUT THE AUTHOR SAYS NO STATISTICS ARE AVAILABLE ON THE OVERALL INCIDENCE OF INSURANCE FRAUD. HOWEVER, THE NUMBER OF UNREPORTED CASES IS BELIEVED TO BE HIGH, CHIEFLY BECAUSE THE INSURANCE COMPANIES SEE THEM AS SOURCES OF UNFAVORABLE PUBLICITY AND HENCE DO NOT REPORT THEM. PROPOSALS FOR REFORM OF THE WEST GERMAN CRIMINAL CODE CALL FOR THE INCLUSION OF TYPES OF INSURANCE FRAUD NOT NOW SPECIFICALLY MENTIONED, BUT MAKING THE MAKING OF FALSE OR EXAGGERATED CLAIMS OF DAMAGE AN INSURANCE OFFENSE IS NOT INCLUDED IN THE PROPOSALS. THE AUTHOR SAYS IT SHOULD BE. HE ALSO SAYS THAT ACTION IN PREPARATION FOR AN INSURANCE FRAUD SHOULD NOT BE MADE AN OFFENSE. THAT IS, ONE IS PERFECTLY FREE TO SET ONE'S HOUSE AFIRE. THAT IS MERELY ACTION THAT IS POSSIBLY IN PREPARATION FOR FRAUD. ONE IS NOT GUILTY OF ANYTHING UNTIL ONE MAKES A FRAUDULENT CLAIM ON THE INSURANCE COMPANY. --IN GERMAN