Solicitor Presentation, David Courtenay

 


This presentation by David Courtenay of Courtenay & Co Solicitors, Lane Cove is available for download.


Session 1:

Dealing with ‘reluctant’ witnesses

  • 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 2

Fraud 102

  • 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’ as it relates to s56

 To read the full presentation download the PDF Publication below.
Contact David Here


Download Here

Download and Save to your computer

Case Preparation Paper, Courtenay & Co Solicitors

 

David specialises in litigation and has acted for a number of major banks, institutions and insurance companies.  David regularly delivers presentations to industry bodies.

Publication | Case Preparation
Tagged on: