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Section 111B. Motor vehicle insurance policies; penalty for fraudulent
claims.
Section 111B. Whoever, in connection with or in support of any
application for or claim under any motor vehicle, theft or comprehensive
insurance policy issued by an insurer, and with intent to injure, defraud or
deceive such insurer knowingly presents to it, or aids or abets in or
procures the presentation to it of, any notice, statement, or proof of loss,
whether or not the same is under oath or is required or authorized by law or
the terms of such policy, knowing that such notice, statement or proof of
loss contains any false or fraudulent statement or representation of any
fact or thing material to such application or claim, shall be punished by
imprisonment in a jail or house of correction for not less than six months
nor more than two and one-half years or by a fine of not less than one
thousand nor more than four thousand dollars, or both.
A person licensed as a motor vehicle damage appraiser pursuant to section
eight G of chapter twenty-six or registered as a motor vehicle repair shop
pursuant to chapter one hundred A who violates this section, by fraudulently
inflating an appraisal of damage to a motor vehicle or the charges for
repairing a damaged motor vehicle or otherwise, shall be punished by the
additional penalty of revocation of such license or registration for a
period not to exceed two years.
The court shall, after conviction, conduct an evidentiary hearing to
ascertain the extent of the damages or financial loss suffered as a result
of the defendant's crime. A person found guilty of violating this section
shall, in all cases, upon conviction, in addition to any other punishment,
be ordered to make restitution to the insurer for any financial loss
sustained as a result of the commission of the crime; provided, however,
that restitution shall not be ordered to a party whom the court determines
to be aggrieved without that party's consent. Restitution shall be imposed
in addition to incarceration or fine, and not in lieu thereof; provided,
however, the court shall consider the defendant's present and future ability
to pay in its determinations regarding a fine; provided, further, that,
whenever possible subject to the constraints of this paragraph and the first
paragraph of this section, the amount of a fine imposed for a violation of
this section shall equal twice the amount of damages or financial loss
suffered as a result of the defendant's crime.
In determining the amount, time and method of payment of restitution, the
court shall consider the financial resources of the defendant and the burden
restitution will impose on the defendant. Upon a real or impending change in
financial circumstances, a defendant ordered to pay restitution may petition
the court for a modification of the amount, time or method of payment of
restitution. If the court finds that because of any such change the payment
of restitution will impose an undue financial hardship on the defendant or
his family, the court may modify the amount, time or method of payment, but
may not grant complete remission from payment of restitution.
If a defendant who is required to make restitution defaults in any
payment of restitution or installment thereof, the court shall hold him in
contempt unless said defendant has made a good faith effort to pay such
restitution. If said defendant has made a good faith effort to pay such
restitution, the court may modify the amount, time or method of payment, but
may not grant complete remission from payment of restitution.
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