ACORD Fraud Statement
ACORD provides a generic ACORD Fraud Statement through the ACORD 63 form. The Fraud statement is also on the back (or second page) of each of the ACORD Loss Notice forms.
These states have state specific ACORD Fraud statements:
- Colorado 63CO
- Hawaii 63HI
- Ohio 63OH
- Utah 63 UT
- Oklahoma 63OK
General Purpose of ACORD Fraud Statement
The ACORD Fraud statement serves the purpose of giving insured's written, standarized warning that there are civil and criminal penalties for committing a fraudulent act. In addition the following states may also deny insurance benefits - Louisiana, Maine, Tennessee, Virginia and the District of Columbia.
What Constitutes Fraud
The wording of the ACORD Fraud Statement says "Any person who knowingly and with intent to defraud" .... "files an application for insurance containing any materially false information, or conceals for the purpose of misleading information concerning any facts material.." is committing a fraudlent act.
Courts generally consider the following 5 requirements for acts to constitute fraud.
- False Representation
- Intent to deceive
- Material fact
- Reasonable reliance - the innocent party was justified in relying on the statement
- Detriment - damages must be shown
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The ACORD Fraud statement and all modern fraud statues are descended from the "Act for the Prevention of Frauds and Perjuries" adopted in 1677. This act is commonly know as the Statue of Frauds. I hope this knowledge wins a bar bet for you.
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Link to other Learning Center Pages
ACORD Binders
ACORD Cancellation Request
ACORD Certificates of Insurance
ACORD Evidence of Insurance
ACORD Financial Responsibility
ACORD Loss Notice
ACORD Insurance ID Card
ACORD Notice of Information Practices
ACORD Terrorism Coverage
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