The current law relating to fraudulent claims and the future: A paler shade of grey?

Speaker - Jeff Heasman CELTA, LL.B, LL.M, Jeff Heasman Training & Consulting

Overview

This interactive and thought-provoking seminar traces the historical development of the fraudulent claims rule and then focuses in particular on the provisions of the Insurance Act 2015, as well as the recent decision of the Court of Appeal in Versloot Dredging BV v HDI-Gerling Industrie Versicherung AG (The DC Merwestone) relating to fraudulent devices. There is an analysis of how an insurer’s remedies will be impacted by the provisions of the Insurance Act 2015, when they come into force. The key question to be addressed is, have the courts and the legislature now appropriately addressed the grey areas that have existed in this aspect of insurance law?

Learning objectives

At the end of this event, the delegate will be able to identify:

• the key elements of the fraudulent claims rule and its historical development
• 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
• how to apply the knowledge gained from the seminar to deal more effectively with, and find practical solutions to, the types of fraudulent claims that are typically encountered by an insurer
• how to critically analyse the current state of the law relating to fraudulent claims and find novel solutions to any remaining grey areas.

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