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Case review 29/07/2021
In this month’s Brief, we highlight several recent judgments where courts have accepted the defendants’ surveillance and expert evidence and awarded sums much lower than what has been claimed.
In my earlier blog on deterring fraudulent claims, I looked at the deterrent measures put in place by the insurance industry to combat fraud. This blog focuses on the enforcement options available to defendants to not only recover their outlay, but also how enforcement action can make the pursuit of fraudulent claims much less attractive for a would-be fraudster.
Since the beginning of insurance, fraud has existed. Paul Miller, a History Ambassador at the Insurance Museum joined us for a webinar recently. He took us on a journey through insurance history, by sharing some of the fraud stories held in their archives. Here we share some of the cases and consider what lessons can be learned as the problem of fraud constantly evolves…
Kennedys has continued its growth in the Middle East with the opening of a new office in Muscat, in the Sultanate of Oman. This office opening is in response to client demand for a presence in Oman, and sees Kennedys become the only international insurance-focused law firm in the country.
The implications of the Delaware Supreme Court’s pronouncement that D&O liability for actual fraud is insurable
On March 3, 2021, the Delaware Supreme Court announced in RSUI Indemnity Co. v. Dole Food Company, Inc., et al., 248 A.3d 887 (Del. 2021) (“Dole”), that Delaware public policy permits indemnity insurance coverage for liability arising from fraud. Therefore, in Delaware, unscrupulous executives found to have lied to investors may potentially avoid direct responsibility for any damages caused and simply pass the buck for any judgment or settlement to the company’s Director’s & Officer’s (“D&O”) insurer.
This year’s Queen’s Speech outlined the UK Government’s plan to 'level up' opportunities across all parts of the UK, supporting jobs, businesses and economic growth, and addressing the impact of the pandemic on public services.
QOCS will be in force in Scotland from 30 June 2021 and it will change the way that personal injury cases are litigated in Scotland. Time will tell the true extent of this change and the impact on fraud in Scotland. Will the new rules leave the door open to questionable cases or will the exceptions shine the light the pursuer’s conduct and potentially act as a deterrent?
“Crash for Cash” is a common insurance fraud scam in which individuals will fabricate, stage, or, on the more extreme end of the scale, cause, road traffic collisions with a view to bringing claims for compensation.
Kennedys is growing its London team with the hire of three partners from the BLM catastrophic injury team, Antony French, Anthony Rawlins and Deirdre Burgess. They will also be joined by six associates and a litigation assistant from BLM.