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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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.
In 1997 Harold Skipper wrote about the ways in which insurance contributes to society and economic growth by aiding economic development and stability. However, when claims have to be defended or declined, these can be difficult stories to tell to those outside the industry and without the context of being informed on the issues.
Last year brought many new challenges and obstacles. There was however, one constant; the Fundamentally Dishonest claimant. Here are some of our favourite “GOTCHA” moments from 2020.
Credit hire fraud, in its purest form, is an entirely fabricated claim. It is no more than a paper-based exercise designed to induce a quick pay-out from an unsuspecting compensator.
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.
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 , 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.