This presentation by David Courtenay of Courtenay & Co Solicitors, Lane Cove is available for download.
I am not an investigator.
For me to suggest to investigators how to go about their business therefore seems to be a bit of a fraud.
I do, however, run fraud cases.
As part of that exercise I analyse investigations. I then use the data to run a case. I am therefore a customer and can give a bit of customer feedback.
Over the years you get a good idea as to whether you are looking at a good investigation or a bad one.
Generally the key is precision.
With a good investigation you can, in general, at some crucial point in time, say to a judge:
“Your Honour, what was said by witness X is
plainly untrue and cannot be accepted as …”
The reason I then trot out needs to be solid.
- I am accusing someone, in open court, of not telling the truth.
- If I get it right I destroy their credibility.
- If I get it wrong I destroy both my own credibility and that of my client.
- The stakes are high and there is no second chance.
Today I propose to:
1. Do a quick recap on onus – who has to prove what in an insurance claim
2. Do a quick recap on Fraud – what is it?
3. Discuss Investigation
4. Look at some examples
5. Let you talk about current issues in an open context
Before I go on I’d like to stress that in my view the primary role of an insurance company is to honor and pay valid claims. I also remind everyone that it amounts to professional misconduct for a solicitor to suggest a claim can be denied upon the basis of fraud unless the allegation can be proven
To read the full presentation download the PDF Publication below.
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David specialises in litigation and has acted for a number of major banks, institutions and insurance companies. David regularly delivers presentations to industry bodies.