Fraudulent Claims

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Stemson v AMP General Insurance (NZ) Ltd
Privy Council: Lords Nicholls, Hope, Scott, Mance and Baroness Hale: [2006] UKPC 30: 21 June 2006
INSURANCE: LOSS BY FIRE: FINDING OF ARSON COMMITTED BY INSURED: PRACTICE FOR REVIEW BY THE PRIVY COUNCIL OF CONCURRENT FINDINGS OF FACT FROM LOWER COURTS: FRAUDULENT MEANS AND DEVICES: EFFECT OF CORRECTION TO KNOWINGLY FALSE STATEMENT

Danepoint Ltd v Allied Underwriting Insurance Ltd
English High Court: Commercial Division:Judge Peter Coulson QC: HT-04-298: 20
October 2005
INSURANCE: CLAIMS FOR REINSTATEMENT/REPAIR AND LOSS OF RENT FOLLOWING A FIRE: WHETHER CLAIMS FRAUDULENT: WHETHER A NON-FRAUDULENT CLAIM IS TAINTED BY A FRAUDULENT CLAIM ARISING FROM THE SAME EVENT: EFFECT OF FRAUD

Direct Line Insurance Plc v. Khan & Another
English Court of Appeal: The Vice-Chancellor, Buxton LJ and Lady Justice Arden: 11 October 2001
HOUSE INSURANCE POLICY IN NAMES OF HUSBAND AND WIFE: CLAIM AGAINST UNDERWRITERS FOR DAMAGE TO HOUSE AND CONTENTS CAUSED BY FIRE: ALSO FOR RENT OF ALTERNATIVE ACCOMMODATION: RENTAL CLAIM FRAUDULENT: CLAIM MADE BY HUSBAND ON WIFE’S BEHALF: CLAIM BY INSURERS FOR REPAYMENT OF ALL SUMS PAID IN RESPECT OF FIRE: WHETHER POLICY JOINT OR SEVERAL: WHETHER WIFE’S CLAIM TAINTED BY HUSBAND’S FRAUD

Konstantinos Agapitos v. Agnew & Others (1)
English Court of Appeal: Brook, Mance and Park LJJ: March 2002
INSURANCE POLICY: AVOIDANCE: BREACH OF WARRANTY: MISREPRESENTATION DURING LITIGATION: USE OF FRAUDULENT MEANS OR DEVICES TO PROMOTE A CLAIM: CLAIM OTHERWISE VALID: SCOPE OF COMMON LAW RULE REGARDING FRAUDULENT CLAIMS: DURATION: SUPERSEDED OR EXHAUSTED BY RULES OF LITIGATION: S.17 UK MARINE INSURANCE ACT 1906 (‘MIA’)

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