§7008.__Recovery costs

In a civil action in which it is proven that a person committed a fraudulent insurance act, the court may award reasonable attorney's fees and costs to the plaintiff insurer.__ In a civil action in which the insurer alleges that a party committed a fraudulent insurance act that is not established at trial, the court may award reasonable attorney's fees and costs to the party if the allegation is not supported by any reasonable basis of law or fact.

§7009.__Rulemaking

The superintendent may adopt rules as necessary for the administration of this chapter.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

§7010.__Construction

1.__Other law enforcement or regulatory authority. This chapter does not preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine and prosecute suspected violations of law.

2.__Voluntary disclosure concerning insurance fraud.__This chapter does not prevent or prohibit a person from disclosing voluntarily information concerning insurance fraud, insurance deception or deceptive insurance practices to a law enforcement or regulatory agency other than the division.

3.__No limitation on superintendent. This chapter does not limit the powers granted elsewhere by the laws of this State to the superintendent or the division to investigate and examine possible violations of law and to take appropriate action against wrongdoers.

SUMMARY

This bill establishes the Insurance Fraud Division within the Department of Professional and Financial Regulation, Bureau