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Marine Insurance Law


Page 377

Chapter 12

Fraudulent claims

Özlem Gürses


Page 378

Fraud can take place at several different stages in the contract lifecycle from the initial agreement and setup (pre-contract), policy management, amendments, claims, and renewal (post-contract). If a business assured fraudulently breaches the duty of fair presentation of the risk, that would be a matter for Part 2 of and Schedule 1 to the Insurance Act 2015 (IA 2015) and the common law principles. The focus of this chapter is the fraudulent claims rule, that applies at the stage that the assured submits his claim to the insurer and is peculiar to contracts of insurance. The rule applies in exactly the same way to any commercial or domestic insurance policy.1

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