Fraud blog: 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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In July 2022, it was reported that Zurich UK saw a 25% increase in fraudulent property claims, with the increase in the cost of living believed to be driving a range of fraudulent behaviours ranging from using insurance policies to make money to the inception of policies to cover life’s losses after the fact.
In a surprise to the personal injury sector, the UK Government has ditched plans for further reform of the whiplash claims process. Here, we look at the Ministry of Justice's response to issues within Part Two of the ‘Reforming the Soft Tissue Injury Claims Process’ consultation and what this means for fraudulent claims.
Palmer v Mantas and Liverpool Victoria Insurance – A reminder of the hurdles to be jumped by a defendant seeking to prove a claimant is fundamentally dishonest
The claimant received an award for damages in excess of £1.6 million for a minor traumatic brain injury (mTBI) and a somatic symptom disorder suffered after a high speed accident. Here, we look at this case from the perspective of allegations of fundamental dishonesty.
Changes to the Highway Code came into force on 29 January 2022. As road users and their insurance companies pore over the changes to ensure that they are not exposing themselves or others to unnecessary risks, you can bet that those engaged in the business of fraudulent claims are looking at the rules to see how they can be best exploited.
The Insurance Fraud Enforcement Department, more commonly referred to as IFED, turned 10 years old in January 2022. It has been a vital tool in deterring fraud, complementing insurers and their representatives in the long-standing fight against fraudulent claims.
In UK RTA claims, claimants traditionally had little trouble proving their injuries. However, developments in the law over recent years have been a game-changer.
Tort of deceit, reopening a claim and setting aside settlements: deterring fraudulent claims – Part 2, Chapter 2
Daniel Sandler's recent series of blogs have looked at deterring fraudulent claims, firstly by way of industry-wide measures and secondly focusing on enforcement options in the form of adverse costs orders. In this blog he considers some of the further civil sanctions available to insurers.
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.
On Friday 26 February 2021 the rules providing the framework for how whiplash claims will be managed from 31 May 2021 were released. My colleague, Ian Davies, considered that these changes were “seismic” before predicting a frantic three months as insurers and compensators set about preparing themselves for a new system and new processes.
Louise Houliston and Daniel Kinloch assess the impact of the changes to the court system in Scotland and if the huge leaps forward may bring an additional consideration in selecting the right fraudulent claims to defend to trial.