Insurance Fraud

Insurance fraud encompasses deliberate actions intended to secure unwarranted benefits from insurance policies. In Missouri, such fraudulent activities are taken seriously, with statutes like RSMo Section 375.991 explicitly addressing fraudulent insurance acts. Under this statute, individuals found guilty are mandated to make restitution for any financial losses incurred due to the violation.

Types of Insurance Fraud

Insurance fraud can take various forms, including:

• False Claims: Deliberately filing a claim for damages or losses that never occurred.
• Inflated Claims: Exaggerating the value of a legitimate claim to receive a higher payout.
• Application Fraud: Providing false information on insurance applications to secure lower premiums.
• Staged Accidents: Intentionally causing or faking accidents to claim insurance benefits.
• Healthcare Fraud: Submitting fraudulent medical bills or inflating medical costs to insurers.

Each of these actions can lead to serious criminal charges, including felonies, depending on the financial loss involved.

Legal Implications and Case Law

Missouri courts have consistently reinforced the gravity of insurance fraud. For instance, in American Family Mut. Ins. Co. v. Missouri Dept. of Ins., the court deliberated on the repercussions of data release and its potential harm to insurers, emphasizing the delicate balance between transparency and protection against fraud. Additionally, the Supreme Court of Missouri’s decision in case number SC100578 highlighted the procedures insurers might adopt when questioning coverage, underscoring the necessity for clear communication and legal action in fraud-related disputes.

Scrivner Law Firm: Your Defense Against Insurance Fraud Allegations

Navigating the complexities of insurance fraud allegations requires a defense attorney with profound knowledge and experience. Led by former prosecutor Dayrell Scrivner, Scrivner Law Firm offers unparalleled expertise in defending clients against such charges in Taney, Stone, and Christian counties.

Why Choose Scrivner Law Firm?

• Prosecutorial Insight: With two decades of experience as a county prosecutor, Dayrell Scrivner possesses a unique understanding of prosecution strategies, enabling the development of robust defense tactics.
• Proven Track Record: Our firm has a history of achieving favorable outcomes for clients facing fraud charges, utilizing strategic planning and negotiation skills.
• Personalized Representation: We recognize that each case is distinct. Our approach involves tailoring defense strategies to the specific circumstances of your case, ensuring the most effective representation.
• Comprehensive Legal Knowledge: Our deep understanding of Missouri’s insurance fraud statutes and relevant case law ensures that we are well-equipped to challenge allegations and protect your rights.

Possible Defenses Against Insurance Fraud Charges

At Scrivner Law Firm, we employ a range of defense strategies to fight insurance fraud charges, including:

• Lack of Intent: Fraud cases often hinge on proving intent. If the prosecution cannot demonstrate that you deliberately misrepresented information, charges may be reduced or dismissed.
• Mistaken Identity: In cases involving complex fraud schemes, individuals may be wrongfully accused. We investigate whether mistaken identity played a role in your charges.
• Insufficient Evidence: The burden of proof is on the prosecution. We scrutinize evidence for inconsistencies, ensuring that your rights are upheld.
• Clerical or Administrative Errors: Many fraud accusations arise from innocent mistakes in paperwork. We present evidence showing that errors were unintentional.
• Violation of Rights: If law enforcement obtained evidence unlawfully, we challenge its admissibility in court.

The Importance of Immediate Legal Consultation

If you are under investigation or have been charged with insurance fraud, it is crucial to seek legal counsel promptly. Early intervention allows for a thorough examination of the evidence, identification of potential defenses, and the development of a strategic plan aimed at achieving the best possible outcome.

Contact Scrivner Law Firm Today

Facing insurance fraud charges can be daunting, but you do not have to navigate this challenging time alone. Contact Scrivner Law Firm for a confidential consultation, and let us provide the experienced and dedicated defense you deserve.