California, United States of America
The following excerpt is from In Re: Eliodoro Dieguez, 107 Cal.Rptr.2d 160, 89 Cal.App.4th 266 (Cal. App. 2001):
Appellant necessarily acted with specific intent to defraud when he presented information he knew to be false with the intent that the insurance company rely upon it to settle his claim. (People v. Booth (1996) 48 Cal.App.4th 1247, 1254, fn. 3.) The courts have held that "the intent to defraud the insurer is necessarily implied when the misrepresentation is material and the insured willfully makes it with knowledge of its falsity." (Cummings v. Fire Ins. Exchange (1988) 202 Cal.App.3d 1407, 1418.) "One who wilfully submits a claim, knowing it to be false, necessarily does so with intent to defraud." (People v. Scofield, supra, 17 Cal.App.3d at p. 1026.)
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