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Fraud Case Law
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Fraud Case Law
Manifest Shipping Co v Uni-Polaris Shipping Co 2001 The Sea Star
- Unseaworthy 2 similar losses - reports undisclosed
- Duty of UGF throughout policy; includes claims
- if fraud unsuccessful; lose nothing NOT!
- Previous genuine claims not affected; All of fraud claim struck out plus any subsequent genuine claims
- if fraud unsuccessful; lose nothing NOT!
- Duty of UGF throughout policy; includes claims
- Unseaworthy 2 similar losses - reports undisclosed
Black King Shipping Co v Massie 1985 Litsion Pride
- Snuck in/out of Gulf
- UGF X ab initio
- Snuck in/out of Gulf
Galloway v GRE 1999
- Genuine & 10% fraud loss; computer
- Whole claim avoided
- Genuine & 10% fraud loss; computer
AXA v Gottleib & Gottleib 2005
- 4 claims; 1s & 2nd fraud; 3rd & 4th genuine
- 4 payments made before fraud discovered
- 4 claims; 1s & 2nd fraud; 3rd & 4th genuine
Aviva v Brown 2011
- Fraudulent element need not be substantial; but not immaterial or unsubstantial
Summers v Fairclough Homes
- Held fraudster could keep any honest parts of his/her claim,
- New Ins Contract Act overrules this?
- statute law exists only to cure emerging defects in the common law, the principle
- New Ins Contract Act overrules this?
- Held fraudster could keep any honest parts of his/her claim,
Neild v Loveday 2011
- Fraudulent back injury
- Jailed
- Fraudulent back injury
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- Professional Claims handling Mind Map on Fraud Case Law, created by Judith West on 02/03/2015.
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- Judith West
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