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Insurance Fraud: The 'Convoluted and Confused' State of the Law

Lowry, J; Rawlings, P; (2016) Insurance Fraud: The 'Convoluted and Confused' State of the Law. The Law Quarterly Review , 132 (January) pp. 96-119. Green open access

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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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