| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 163 (Feb) |
| Neutral Citation: | [2005] EWCA Civ 112 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Pill, Mance and Keene LJJ |
| Representation | Julian Field (instructed by Lawrence Graham) for the insurer. |
| Isaac Jacob (instructed by GSC Solicitors) for the defendants. | |
| Judgment Dates: | 11 February 2005 |
Catchwords
Insurance - Insurance policy - Fraudulent claim - Effect of fraudulent claim on interim payments - Effect of fraudulent claim on prior claims settled before occurrence of fraud.
The Case
The proper scope of the common law rule relating to fraudulent insurance claims was to forfeit the whole of the claim to which the fraud related, with the effect that the consideration for any interim payments made on that claim failed and they were recoverable. There was no basis for giving the rule a retrospective effect on prior, separate claims which had already been settled under the same policy before any fraud had occurred.
Practice Areas
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