Lies, Damned Lies, and Insurance Claims: the Elements and Effect of Fraud
Malcolm A Clarke
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Fraudulent insurance claims are a serious problem for the insurance industry. However, the legal incidents of fraud are not always clear. What mental element must an insurer establish in order to prove fraud? What standard of proof must the insurer meet? And if fraud is proven, can the insurer cancel the entire policy, or recover claims already paid out under the policy? Professor Clarke examines these and other questions by reference to English, American and Commonwealth authorities. He suggests that any answers should be consistent with the principles and policies underlying general contract law. |
Wilful Misconduct, Fraud, and the Innocent Co-insured
Neil Campbell |
When two or more persons insure their co-owned property, to what extent does the wilful damage or fraud of one co-insured prejudice the rights of the innocent co-insured against the insurer? The lawÕs response to this situation has shifted in recent times to a position more favourable to the innocent co-insured. Neil Campbell examines the rationales for this shift, and concludes that the law is now properly focused on the intentions of the parties as evidenced by the language of the insurance policy. However, further consideration must be given to the differing legal consequences of wilful misconduct, on the one hand, and fraud, on the other. |
Reviews
| Company Law |
Peter Watts
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| Constitutional Law |
Philip A Joseph |
| Employment Law |
Paul Roth |
| Equity |
Julie Maxton |
| Treaty of Waitangi and Maori Land Law |
Ani Mikaere & Stephanie Milroy |
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2000 PART III
