COLJI-Crim. 13:37

The elements of the crime of abuse of property insurance (fee

inflation) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. provided repairs, goods, or services, and

4. knowingly,

5. submitted a fee to an insurer which was higher than a fee

estimate the defendant had provided to the insured or which

was higher than the fee the defendant had agreed to accept

from the insured, and

6. the effect was to provide the insured a rebate or something of

value to attract the insured to do business with the defendant

and the cost of providing the rebate or thing of value was

passed on to the insurer as a part of the higher fee.

[7. and that the defendant’s conduct was not legally authorized by

the affirmative defense[s] in Instruction[s] ___.]

After considering all the evidence, if you decide the prosecution has

proven each of the elements beyond a reasonable doubt, you should find

the defendant guilty of abuse of property insurance (fee inflation).

After considering all the evidence, if you decide the prosecution has

failed to prove any one or more of the elements beyond a reasonable doubt,

you should find the defendant not guilty of abuse of property insurance

(fee inflation).