NC · jury_instructions
N.C.P.I.—Crim. 228.30A.1
PRESENTING A FALSE STATEMENT TO DENY BENEFIT OF INSURANCE POLICY—CLAIM LESS THAN $100,000. FELONY.
NOTE WELL: Use this instruction when the defendant presents a
false statement and the insurance claimant is the one injured.
NOTE WELL: For situations involving an alleged fraudulent
procurement of insurance benefits use N.C.P.I—Crim. 228.30.1.
The defendant has been charged with presenting a false statement
under an insurance policy with the intent to defraud an insurance claimant.
For you to find the defendant guilty of this offense, the State must prove
five things beyond a reasonable doubt:
First, that an insurance [policy] [coverage] existed between (name
[insured] [insurance claimant]) and (name insurer).
Second, that the defendant [presented] [caused to be presented] a
[written] [oral] statement1 in opposition to a claim for [payment] [a benefit]
pursuant to the insurance [policy] [coverage].
Third, that the statement contained false or misleading information
concerning a fact or a matter material to the claim.
Fourth, that the defendant knew the statement contained false or
misleading information concerning a fact or matter material to the claim.
And Fifth, that the defendant acted with the intent2 to [injure] [defraud]
[deceive] (name insurance claimant).
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date an insurance [policy] [coverage] existed between
(name [insured] [insurance claimant]) and (name insurer), and that the
defendant [presented] [caused to be presented] a [written] [oral] statement
in opposition to a claim for [payment] [a benefit] pursuant to the insurance
[policy] [coverage], the statement contained false or misleading information
concerning a fact or a matter material to the claim, the defendant knew the
statement contained false or misleading information concerning a fact or
matter material to the claim, and that the defendant acted with the intent to
[injure] [defraud] [deceive] (name insurance claimant), it would be your duty
to return a verdict of guilty of presenting a false statement to deny benefit of
insurance policy. However, if you do not so find, or have a reasonable doubt
as to one or more of these things, it would be your duty to return a verdict of
not guilty.
History
N.C.P.I.—Crim. 228.30A.1 (February 2024). N.C. Gen. Stat. § 58-2-161(b)(1). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
0f0aa1ba547ec2c0621b4577c478d568d55219855a96e04826a2bd1ddc92d3b3
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