What is fraud? How does the use of fraudulent documents or other devices impact a genuine claim? Can there be a partial fraudulent claim? Will it taint the entire claim or should the insurers’ remedy be proportionate to the fraud attempted? What is the extent of cooperation required of the assured if fraud is suspected? How should insurers and lawyers deal with such claims? Is Versloot Dredging v HDI-Gerling a charter for fraudsters and untruths as some commentators put it? Should it be followed in other jurisdictions? Fraud is always an intriguing topic for insurers and their lawyers, and no doubt this session will grip the interests and curiosity of many.
Session 3: Fraudulent Claims And Collateral Lies – Is There A “Charter For Fraudster”?
Joe O’Keefe / Partner, Stephenson Harwood