What information can we compel the insured to provide with regard to any alibi/witness? What information can we record if witnesses are reluctant to provide a statement? Will these hold up?

Cooperation – Overview

What information can we compel the insured to provide with regard to any alibi/witness?

What information can we record if witnesses are reluctant to provide a statement?
Will these hold up?

Forensic Evidence

An increasing number of suspected staged accident claims seem to have a strong forensic report, but are deficient in opportunity and motive.

Are there other enquiries we could have explored?
Any new trends?
Is it reasonable to expect that we will be able to determine the motive?
What other options are available to us e.g. Allege that the insured has failed to establish that an ‘event’ (as defined by the policy) has occurred?  Other options?

Evidence Issues

  • VOIP and other smart phone communication apps GPRS, IMEI and URL’s etc
  • E Tags – a significant resource
  • CCTV – increased retention
  • Seizure of devices

Session Fraud

  • General Principles when dealing with the ICA
  • Discuss the ‘balance of probabilities’ and the standard of proof required to determine whether there is sufficient evidence to substantiate a fraud allegation
  • The Briginshaw test and the standard of the evidence required of fraud allegations
  • The concept of a ‘breach’ of ICA and the resultant ‘remedy’

To read the full presentation download the PDF Publication below.

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