When a lie is dishonest but a claim isn't: the Supreme Court on Fraudulent devices

This interactive and thought-provoking seminar focuses on the recent decision of the Supreme Court in Versloot Dredging BV v HDI-Gerling Industrie Versicherung AG (The DC Merwestone) relating to fraudulent devices. There is also an analysis of how an insurer’s remedies will be impacted by this decision and the provisions of the new Insurance Act 2015. The background to the development of the law relating to fraudulent devices is looked at so as to provide the context for the Supreme Court’s recent decision and discussion throughout will centre on whether the Supreme Court has sent the right message to potential fraudsters.

The seminar will also look at typical clauses related to fraudulent claims in policies and participants will be asked to review and redraft these in light of the recent changes in the law in this area.

Learning Outcomes

By the end of the session participants will be able to:

• identify the key elements of the fraudulent claims rule as it relates to fraudulent devices.

• understand and critically analyse the main aspects of the judgment of the Supreme Court in The DC Merwestone.

• understand the relevant provisions of the Insurance Act 2015 and how these will impact on how an insurer may deal with fraudulent claims and the remedies available to an insurer.

• apply the knowledge gained from the seminar to deal more effectively with, and find practical solutions to, claims involving a fraudulent device.

• identify weaknesses in current standard clauses in policies and redraft these so as to make them more robust.

Jeff is educated to masters level in international maritime law (including insurance law) and spent many years working as a litigation executive dealing with cases up to the Court of Appeal and he also worked with Crawford and Company as a senior liability adjuster. Since that time, Jeff has been a lecturer in the law of torts, was Dean of the Faculty of Law at Cavendish University in Zambia and has been a tutor at Swansea University, preparing international students for the study of law in the UK at bachelors and masters level. Jeff provides training in insurance law and practice to some of the world’s most prestigious organisations in various locations across the globe. He also remains close to the international legal profession, acting as a consultant in insurance law to a niche law firm based in Istanbul.

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