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Blog 18/01/2021
The customer is always right… or maybe not…
Kennedys recently secured a finding of fundamental dishonesty under Section 57 of the Criminal Justice and Courts Act 2015 in an injury claim brought by a customer visiting a well-known fashion retailer. The claim was struck out and the claimant was ordered to pay the defendant’s costs, to be enforceable against him.
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Blog 06/01/2021
Credit hire fraud: a paper-based scam
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Article 17/12/2020
The 'desperation effect': Preparing for a rise in customer claims as a result of a Covid-induced economic downturn
The annual Claims and Fraud Summit from Insurance Post took place this year virtually on 18-19 November 2020. In this session video from the summit, Kennedys partner Martin Stockdale, Scott Clayton, Zurich Insurance and Stephen Dalton, Insurance Fraud Bureau discuss the anticipated challenges for insurance claims and fraud teams.
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Blog 16/12/2020
Identical medical reports – honest and coincidental, or a mere ‘copy and paste’?
The factual accuracy of a medical report is vital. It is the basis upon which a compensator will formulate an offer and make a compensation payment. If the information contained in the medical report is wrong then a claimant may be compensated where there is no basis, or over compensated.
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Blog 08/12/2020
A key ingredient for fundamental dishonesty: the need for trial
In this blog we take a look at a recent Scottish case where the defender advanced a fundamental dishonesty argument. In the recent civil Scottish case of Susan Keenan v EUI Limited [2020], which took place at Scotland’s highest civil court, the Pursuer (claimant) sought more than £1m for damages arising out of a road traffic accident.
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News 27/11/2020
Kennedys celebrates 20 years in Hong Kong with office move
Kennedys is celebrating 20 years in Hong Kong, and is also moving to new offices.
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Report 25/11/2020
Fraud and COVID-19: considering the impact of COVID-19 on insurance claims
This paper seeks to explore the potential for fraud in claims for COVID-19, associated or secondary claims or changes to existing claims procedures arising from the response to the coronavirus pandemic.
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Blog 24/11/2020
Stop the scams – COVID-19 claims
In this series we have highlighted and supported the IFB “Stop the scams” campaign. In this final piece we look at the anticipated impact of COVID-19 on insurance claims and fraud.
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Blog 17/11/2020
The FCA’s reminder to CMCs about the ‘key drivers of harm’
The Financial Conduct Authority (FCA) has recently issued a Portfolio strategy to claims management companies (CMCs). This essentially outlines their vision for the CMCs and the regulation strategy from now until July 2022. The letter covers the ‘key drivers of harm’ as identified by the FCA. The behaviours which the FCA have noticed from CMC’s which can mislead their consumers to their detriment and breed fraud.
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Blog 06/11/2020
Crash for cash – stop the scams!
Crash for cash scams involve fraudsters who intentionally drive dangerously (such as slamming on their brakes suddenly and without reason), to cause an innocent motorist to crash into them so they can claim for compensation.