Fundamentally Honest
Welcome to Fundamentally Honest, the blog on all things fraud from Kennedys’ experts.
Whatever your involvement and interest in insurance and claims fraud, we are here to keep you up to speed on developments in legislation, procedure, case law, innovation and technology, best practice, claims investigation, the latest thinking and more.
We will share our experience and insight with both UK and global perspectives and bring you guest writers from across the industry.
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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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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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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.
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Blog 02/11/2020
Low speed impact; a look ahead from a Scottish perspective…
In a world of “where there is blame, there is a claim”, low speed impacts (LSI) or low velocity impacts (LVI) are at the forefront of road traffic insurers’ minds; a scenario where the pursuer (claimant) claims to have suffered an injury after being involved in a minor road traffic collision with another road user.
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Blog 28/10/2020
Ghost broking – buyer beware!
Ghost brokers are fraudsters who set out to sell cheap insurance deals where the policies either don’t exist at all or aren’t valid. Either way, the consumer will not be provided with any form of legal insurance.
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Blog 19/10/2020
Compensation scams – watch out…
“I’m calling because I am aware that you have been involved in an accident and you may be entitled to compensation.” We are all familiar with a call or text message like this but have you ever stopped to consider that this may not just be a way for a claim management company to generate leads for claims? In fact, this is just one of the ways a compensation scam can start.