Is it unlawful to present or present a statement in support of or opposition to a claim for payment under a contract of insurance?

California, United States of America


The following excerpt is from People v. Berrios, G050451 (Cal. App. 2015):

injury, including payment of a loss or injury under a contract of insurance." Subdivision (b)(1) of section 550 makes it unlawful to "[p]resent or cause to be presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the statement contains any false or misleading information concerning any material fact." Defendant was convicted of two counts of violating section 550, subdivision (a)(1) (counts one and three) and two counts of violating section 550, subdivision (b)(1) (counts two and four). She contends she was improperly convicted of violating both subdivisions based on her claim to AAA for the alleged theft of her automobile under her auto insurance policy and improperly convicted of violating each subdivision in submitting a claim to AAA under her homeowners policy. Defendant relies on People v. Craig (1941) 17 Cal.2d 453, as support for her position. The Attorney General argues the convictions were proper because each one was based on a different act.

Section 954 permits the prosecution to charge different statements of the same offense or two or more different offenses connected together in their commission. As a general rule, section 954 permits multiple convictions based on the same act or acts. Of course, section 654 prohibits multiple punishment. (People v. Correa (2012) 54 Cal.4th 331, 337.)

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