Insurance Fraud in UK Law

Leading Cases
  • Axa General Insurance Ltd v Gottlieb
    • Court of Appeal (Civil Division)
    • 11 Febrero 2005

    This invites the question why we should in any way reduce the severity of a rule which is deliberately designed to operate in a draconian and deterrent fashion.

  • HIH Casualty and General Insurance Ltd v Chase Manhattan Bank
    • Court of Appeal (Civil Division)
    • 31 Julio 2001

    In my judgment the first thing to be said is that there is a real distinction to be made between negligence and fraud. Parties to a contract plainly look to performance rather than non-performance or mis-performance, but they also contemplate the latter. It seems to me, however, that fraud is a thing apart. Parties contract with one another in the expectation of honest dealing.

  • Liverpool Victoria Insurance Company v Samina Bashir (First Defendant) Faisal Rauf (Second Defendant) Kaneez Akhtar (Third Defendant) Mohammed Bashir (Fourth Defendant) Kamran Khan (Fifth Defendant)
    • Queen's Bench Division (Administrative Court)
    • 28 Febrero 2012

    The diligence of the insurers in this case is to be highly commended. We were told that until relatively recently the police have not had the resources to investigate this type of fraud. At the beginning of this year the City of London Police have been funded by the insurance industry to set up a motor insurance and insurance fraud enforcement department which has the capacity to deal with 100 cases per month. As was said by counsel for the insurers today, that is the tip of the iceberg.

  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931

    There are certain contracts expressed by the law to be contracts of the utmost good faith where material facts must be disclosed; if not the contract is voidable. Apart from special fiduciary relationships contracts for partnership and contracts of insurance are the leading instances. In such cases the duty does not arise out of contract; the duty of a person proposing an insurance arises before a contract is made; so of an intending partner.

  • Aspen Underwriting Ltd and Ors v Credit Europe Bank NV
    • Supreme Court
    • 01 Abril 2020

    Fifthly, and in any event, as Mr Berry submits, if “the Brogsitter test” is as Mr MacDonald Eggers characterises it and is applicable in relation to section 3, that test is met in the circumstances of this case. The Insurers' claim is that there has been an insurance fraud by the Owners and the Managers for which the Bank is vicariously liable.

  • Banque Financiere de la Cite S.A. (formerly Banque Keyser Ullmann S.A.) v Westgate Insurance Company Ltd (formerly Hodge General & Mercantile Company Ltd); Banque Keyser Ullmann S.A. v Skandia (U.K.) Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 28 Julio 1988

    In our judgment, the duty falling upon the insurer must at least extend to disclosing all facts known to him which are material either to the nature of the risk sought to be covered or the recoverability of a claim under the policy which a prudent insured would take into account in deciding whether or not to place the risk for which he seeks cover with that insurer.

  • Finers (A Firm) v Miro
    • Court of Appeal (Civil Division)
    • 25 Julio 1990

    The defendant submits through Mr. Crow that the Court has no jurisdiction to entertain the Originating Summons, because there is no relevant trust to found jurisdiction under Order 85. He urges that there is no trust, constructive or otherwise, in favour of the Liquidator or the Insurance Company yet established, or even claimed by the Liquidator.

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Legislation
  • Insurance Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (2) Nothing in this Part affects the operation of any rule of law according to which knowledge of a fraud perpetrated by an individual (“F”) either on the insured or on the insurer is not to be attributed to the insured or to the insurer ... ...
  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... for Her Majesty's Revenue and Customs;“contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial ... in the internal market ) ; and(b) that process is secure from fraud and misuse and capable of providing F402assurance that the person claiming ... ...
  • Administration of Justice Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ... ... The Insurance Companies Act 1958 (6 & 7 Eliz. 2. c. 72) .For section 19(1) there shall ... 72(7), Sch. 16 Pt. XI # F59 Entry relating to Prevention of Fraud ... ...
  • Financial Services Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ... ... an authorised person by virtue of section 22 or 23 below or an insurance company which is an authorised person by virtue of section 31 below ... cases where the spent conviction is for—(a) an offence involving fraud or other dishonesty; or(b) an offence under legislation (whether or not of ... ...
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Books & Journal Articles
  • Insurance Fraud
    • No. 3-2, March 1995
    • Journal of Financial Crime
    • 168-169
    There is no doubt that the cost of fraud against insurers is growing, recent estimates by the Association of British Insurers suggest that as much as £2m is lost every day to fraudsters. Fraud occu...
  • Insurance Fraud: US Initiatives
    • No. 1-4, January 1994
    • Journal of Financial Crime
    • 328-336
    The petty level insurance fraud, apparently committed by ordinary members of the community, is costing insurance companies millions of pounds a year. Those losses are passed on to the consumer. So ...
  • Consumer insurance fraud in the US property‐casualty industry
    • No. 15-4, October 2008
    • Journal of Financial Crime
    • 411-431
    Purpose: The purpose of this paper is to review the management of consumer insurance fraud in the US property‐casualty market, attending to definition, prevalence, insurer and regulatory responses,...
  • Insurance Fraud and the Role of the Civil Law
    • No. 80-3, May 2017
    • The Modern Law Review
    Two UK Supreme Court decisions have considered insurance fraud. The first, Versloot Dredging BV v HDI‐Gerling Industries Versicherung (The DC Merwestone), concerned the use of a fraudulent device b...
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Law Firm Commentaries
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Forms
  • sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ...  commercial fraud ...  corporate or business acquisition agreements ...  general ...  agreements ...  insurance and/or reinsurance ...  oil and gas and other natural resources ... ...
  • Claim notification
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... Is this a child claim? ... National Insurance number ... Claimant’s name ... If the claimant does not have a National ... databases used to help prevent fraud, and to regulatory bodies for the purposes of monitoring and/or ... ...
  • Claim notification (PL2) - Low value personal injury claims in public liability accidents (£1,000 - £25,000). Defendant only
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... entered into ... The claimant has taken out an insurance policy to which section 29 of the Access to Justice Act 1999 applies ... databases used to help prevent fraud, and to regulatory bodies for the purposes of monitoring and/or ... ...
  • Claim notification - low value personal injury claims in employers' liability - accident only (£1,000 - £25,000). Defendant only
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... entered into ... The claimant has taken out an insurance policy to which section 29 of the Access to Justice Act 1999 applies ... databases used to help prevent fraud, and to regulatory bodies for the purposes of monitoring and/or ... ...
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