Agapitos and Another v Agnew and others: ComC 24 Jul 2002

The common law principle governing fraudulent claims has a separate origin and existence to any principle that exists under or by analogy with s.17 of the Act.


Moore-Bick J


[2002] EWHC 1558 (Commercial), [2003] Lloyd’s Rep IR 54




Marine Insurance Act 1906 17


England and Wales

Cited by:

CitedAXA General Insurance Limited v Gottlieb CA 11-Feb-2005
The defendant made a claim under an insurance policy. The insurer made an interim payment, but then asserted that the claim was fraudulent, and sought recovery of the interim payment.
Held: At common law, fraud in an insurance claim, once . .
At ComCAgapitos and Another v Agnew and others CA 6-Mar-2002
Insurers resisted a claim saying that fraudulent acts of the defendants to promote an otherwise valid claim, made the entire claim void. The insurance required certificates to be obtained before ‘hot’ works were undertaken as part of the ship’s . .
Lists of cited by and citing cases may be incomplete.


Updated: 19 May 2022; Ref: scu.175503