Law
WHEN A LIE IS DISHONEST BUT A CLAIM ISN’T: THE SUPREME COURT ON FRAUDULENT DEVICES
ABOUT THE SESSION
This thought-provoking session focuses on the recent decision of the Supreme Court in Versloot Dredging BV v HDI-Gerling Industrie Versicherung AG (The DC Merwestone) relating to fraudulent devices. There is also an analysis of how insurers’ remedies are impacted by this decision and the provisions of the Insurance Act 2015.
The background to the development of the law relating to fraudulent devices is looked at so as to provide the context for the Supreme Court’s recent decision and discussion throughout will centre on whether the Supreme Court has sent the right message to potential fraudsters.
LEARNING OUTCOMES
By the end of the session, participants will be able to:
Identify the key elements of the fraudulent claims rule as it relates to fraudulent devices.
Understand and critically analyse the main aspects of the judgment of the Supreme Court in the DC Merwestone.
Understand the relevant provisions of the Insurance Act 2015 and how these impact the way an insurer may deal with fraudulent claims and the remedies available to an insurer.
Apply the knowledge gained to deal more effectively with, and find practical solutions to, claims involving a fraudulent device.
Identify weaknesses in current policies and redraft these so as to make them more robust.
Session Length: 1 hour