Collateral fraud in marine insurance claims

Charles Patterson and Simon Church, of Thomas Miller Law, take a look at recent court cases involving fraud in the marine world


There have been a number of instances in recent times when the effect of fraud and illegality on certain contracts have been considered both in the UK courts and Parliament. The Insurance Act 2015 now reflects the current law when it comes to fraudulent claims. Under the Marine Insurance Act 1906 a fraudulent claim would have enabled the insurer to treat the policy as void from inception. From 12 August 2016, as a matter of statute, an insurer may only terminate the policy from the time of the fraudulent act.