Claims

Fraudulent claims

In Agapitos v Agnew [2002] Lloyd’s Rep IR 573 Mance LJ laid down the general principles which governed the making of fraudulent claims. The Court of Appeal in that case detatched fraudulent claims from the concept of utmost good faith, and instead preferred a contractual analysis whereby a fraudulent claim amounted to a breach of contract. Further, Mance LJ categorised the instances of fraud, and included in his analysis cases where the assured had been guilty of the use of fraudulent means. Much of the reasoning in Agapitos was obiter, and various uncertainties remain, including the remedy for fraud. In Interpart Commercio e Gesto SA and another v Lexington Insurance Co , High Court, 2 July 2004, unreported, [2004] Lloyd’s Rep IR (forthcoming) HHJ Chambers QC considered briefly the use of fraudulent means.