§ 1871

Citation: § 1871
Parent Document: P. ex rel. etc. v. Hebb (2017)
Jurisdiction: California (state)
Effective Date: 2017-12-19
Original Source: https://www.courtlistener.com/opinion/4453096/p-ex-rel-etc-v-hebb/ ↗

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5  A number of courts have made statements regarding the elements for a violation
of Penal Code section 550 that, if taken out of context, might support the suggestion in
Nee that only persons who file claims for benefits are liable under that statute. (See, e.g.,
People ex rel. Government Employees Ins. Co. v. Cruz (2016) 244 Cal.App.4th 1184,
1193 [“The elements generally necessary to find a violation of Penal Code section 550
are (1) the defendant’s knowing presentation of a false claim, (2) with the intent to
defraud.”].) Those courts had no occasion to determine whether Penal Code section 550,
subdivision (b)(3), can be violated by anyone other than a person who submits a claim for
benefits under an insurance policy and, therefore, do not support the dictum in Nee.

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