Podcast Location:
Download it here [file size: 18.5 MB]
Categories:
Insurance Law
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to examine the key elements of fraudulent insurance claims in civil proceedings.

Outcomes:
After completing the course you will:
  • Appreciate why fraudulent insurance claims have grown in significance in recent years;
  • Know how fraud has been defined by the courts;
  • Understand who bears the burden of proof in proving that a claim is fraudulent;
  • Know what type of evidence is required to prove fraud;
  • Understand what is meant by wilful destruction;
  • Appreciate fraudulent claims where the insured suffers no loss;
  • Understand what is involved in exaggerated loss claims;
  • Understand when a fraudulent part of a claim will be considered sufficiently substanstial;
  • Understand what types of claim involve 'fraudulent means and devices';
  • Know the basic requirements required to establish a fraudulent claim;
  • Understand what happens if the insurer has already paid something out before the fraud occurs;
  • Understand the impact of AXA v Gottlieb.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Derry v Peek (1889) 14 App. Cas 337;
  • Galloway v GRE [1999] Lloyd’s Rep. IR 209;
  • Tonkin v UK Insurance (No. 2) [2006] EWHC 1185;
  • Agapitos v Agnew [2003] Q.B. 556;
  • Direct Line Insurance v Khan [2001] Lloyd's Rep IR (forthcoming);
  • AXA General Insurance Ltd. v Gottlieb & Anor [2005] EWCA Civ 112;
  • Insurance Corp of Channel Islands v McHugh [1997] LRLR 94.
Tags:

In this CPDcast Julian Field, a barrister at Crown Office Chambers, discusses fraudulent insurance claims. He examines the basic framework underlying allegations of dishonesty arising during civil proceedings and analyses the five different catergories of honesty that are often found in the context of fraudulent insurance claims. He concludes the podcast by highlighting key aspects of the fraudulent claims rule including a consideration of against whom the claim ought to be directed, the importance of the timing of the fraud occurs to the success of a claim and express clauses dealing with fraudulent claims in insurance contracts.

Podcast last reviewed: 2011-08-30

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