Lowry, J;
Rawlings, P;
(2016)
Insurance Fraud: The 'Convoluted and Confused' State of the Law.
The Law Quarterly Review
, 132
(January)
pp. 96-119.
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Abstract
The piece examines from a critical standpoint the approach of insurance contract law to fraudulent claims, with particular reference to fraudulent devices. In English and HK law the remedy is forfeiture of the whole (including any legitimate aspects) of the claim, a form of 'penal non-damages'. The article contrasts the insurance law position with other civil law remedies, for example grossly exaggerated personal injury claims. It also assesses, inter alia, whether the civil courts are an appropriate vehicle for punishing such behaviour.
| Type: | Article |
|---|---|
| Title: | Insurance Fraud: The 'Convoluted and Confused' State of the Law |
| Open access status: | An open access version is available from UCL Discovery |
| Language: | English |
| Additional information: | This is a pre-copyedited, author-produced version of an article accepted for publication in The Law Quarterly Review following peer review. The definitive published version L.Q.R. 2016, 132(Jan), 96-119 is available online on Westlaw UK or from Thomson Reuters DocDel service |
| Keywords: | Fraud, insurance law, |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/1493001 |
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