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Employer wants me to change dates on insurance policies that weren't signed on time. Would this be considered insurance fraud?

Houston, TX |

My girlfriend works for an independent insurance agency that consists of about four licensed insurance agents who sell insurance policies for a large insurance company (ex: State Farm, Nationwide, Allstate, Farmers, etc).
She is just an assistant and is not licensed by the State of Texas to sell insurance, nor does she hold any license of any kind in the insurance/financial services industries.
Her supervisor just called her into her office and told her that the company has been making a mistake by not getting the policies signed by consumers within a specified time period (30 days) after the day the policy was written. Her supervisor proceeded to ask her to go back and change the dates on every policy not signed within 30 days to make it appear as though it was. Is this insurance fraud?

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Attorney answers 3

Posted

It is certainly unethical and could get this involved in trouble. The simple solution is to ask the companies to re-issue the policy because the client did not come in on time. There appears nothing that would prevent the companies from doing so if they want the business and the client's situation has not changed in 30 days.

If she feels uncomfortable with doing it, she should consult with an employment law/labor attorney for a specific answer to any questions she may have.

My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.

Posted

Insurance fraud has a very specific definition, and it's not immediately obvious as to whether this would count. It's not entirely clear what papers are being discussed here. Back-dating them could either be very, very significant or mostly harmless, depending.

It's certainly fishy though. I would probably not be comfortable doing this if it were asked of me.

What to do about it is an interesting question though. If she pushes back against her supervisor, she could be fired. If she is, she might have a claim for wrongful termination, though I'm not clear on the Texas laws on the subject, and Texas tends to be a pretty pro-employer environment so that claim might be an uphill battle. Fortunately, the Texas Department of Insurance has an email hotline for insurance professionals with questions about potential insurance fraud. Information is here: http://www.tdi.texas.gov/fraud/index.html

This answer does not constitute legal advice and does not establish an attorney-client relationship.

Posted

I am not sure if this would constitute insurance fraud but it is always a bad idea to change dates to contracts. This could cause a big problem for her in the event that it was ever determined that she changed the dates on the contracts. Given the facts that you have presented, if I were her, I would not do it.

By answering your inquiry, no attorney client relationship exists. Unless and until we enter into a written fee agreement contract we do not represent you nor have we undertaken the obligation to do so. Whether you hire us or another lawyer, you should absolutely hire an attorney. These matters are very complicated and there are certain time periods within which you must act.

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