Thank you, D.What happens if my wife, or soon to be ex wife, reports me for falsifying information on her all kids insurance app so that she and our two children can continue to get medical benefits even though I do not have medical insurance myself.
is likely to happen. This is not a criminal matter because this has to do with two entities in a contract. So there is unlikely to be any criminal action.
Civilly, if the insurance company really wanted to
, they could take you to court
for fraud. The elements of common law fraud are: (1) a false statement of material fact; (2) defendant's knowledge that the statement was false; (3) defendant's intent that the statement induce the plaintiff to act; (4) plaintiff's reliance upon the truth of the statement; and (5) plaintiff's damages resulting from reliance on the statement. Board of Education, 131 Ill.2d at 452, 137 Ill.Dec. 635, 546 N.E.2d 580; Gibbs v. Ernst, 538 Pa. 193, 210, 647 A.2d 882, 889 (1994).
However, what (allegedly) has been done here has not been used to "increase" insurance, but simply leaves out some parts. At best, XXXXX XXXXX drop your policy.
The Illinios Insurance Claims Fraud Prevention Act (740 ILCS 92) is focused more on false pretenses to get paid out, so this does not apply. If she believe that this may qualify for this act, then she is wrong.
And yes, she would shoot herself in the foot. It is very common for individuals in such situations to make threats and allegations, but in about 95% of the time, nothing is actually ever reported. And again, even if it is, the worst that can happens is that the insurance coverage may be dropped.
The IRS has nothing to do with this and I do not even know why she is bringing this into the matter. If your taxes is sound, then you have nothing to worry about and your insurance matter is wholly different from your taxes. It sounds like she may be grasping at straws to make a valid threat, but she has little to go on.
I hope this helps and clarifies. Best of luck.
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