What constitutes fraud?

It is now settled law that exaggeration of the amount of loss by the assured is potentially fraud which allows the insurers to refuse the entirety of the claim. Further, any attempt to support a claim (whether or not the claim itself is genuine) by false documents) is regarded as the use of fraudulent means and devices and once again the claim as a whole is to be treated as fraudulent. Danepoint Ltd v Underwriting Insurance Ltd [2005] EWHC 2318 (TCC) illustrates these principles, although the judgment of HHJ Peter Coulson QC also shows that not every attempt to mislead the insurers as regards either the amount or circumstances of the loss amounts to fraud.