References: [1997] EWCA Civ 2487, [1999] LRIR 209
Links: Bailii
Ratio: The claimant’s policy had been declared void ab initio by the court. On the application form he had falsely stated that he had no convictions, but had only shortly before been convicted of obtaining a pecuniary advantage by deception. Part of the claim had also been found to be dishonest, and had been convicted of an offence for that.
Held: That fraudulent part contaminated the whole claim. The contract of insurance being one of utmost good faith, the assured could not first make a fraudulent claim , then seek to leave that part and pursue the rest. He will forfeit all benefit under the policy whether there is a condition to that effect or not.’ The appeal failed.
This case cites:
- Cited – J Britton v Royal Insurance Company ((1866) 4 F&F 905)
It was an express condition of the insurance policy that a fraudulent part of a claim would avoid the balance of the claim. In directing the jury: ‘The law is, that a person who had made such a fraudulent claim could not be permitted to recover at . . - Cited – Orakpo v Barclays Insurance Services and Another CA ([1995] Ll RLR 443)
The insured sought to claim under his policy. The insurance company declined any payment, saying that part of the claim was fraudulent.
Hoffmann LJ said: ‘In my view, the claim also fails on the ground that it was substantially fraudulent. The . . - Cited – Lek v Mathews ([1927] 29 Ll LR)
Part of an insurance claim was fraudulent. The policy required that if one part fell, all the claim fell: ‘As to the construction of the false claim clause, I think that it refers to anything falsely claimed, that is, anything not so unsubstantial . .
(This list may be incomplete)
This case is cited by:
- Cited – Axa General Insurance Limited v Gottlieb CA (Bailii, [2005] EWCA Civ 112, Times 03-Mar-05, [2005] 1 All ER (Comm) 445))
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 . .
(This list may be incomplete)
Last Update: 01 February 2017
Ref: 142885
