New Mexico Forms Library

Decision Information

Decision Content

14-1645. Insurance policies; false applications; essential elements.

            For you to find the defendant guilty of making a false application, [as charged in Count ________]1, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

            1.         The defendant made a false or fraudulent statement or representation as to any application for insurance [or] _________________ (describe other coverage);

            2.         The false statement or representation was material to the application for insurance which means the statement or representation had a natural tendency to influence the decision of __________________ (insert name of insurance company or other provider of coverage).

            3.         The defendant [knew the statement to be untrue]2 [acted with reckless disregard of the truth];

            4.         This happened in New Mexico on or about the ______ day of __________________, ______.

 

USE NOTES

            1.         Insert the count number if more than one count is charged.

            2.         Use only applicable alternative or alternatives.

[Approved, effective January 20, 2005.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.