This presentation by David Courtenay of Courtenay & Co Solicitors, Lane Cove is available for download.
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?
- 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?
- VOIP and other smart phone communication apps
- GPRS, IMEI and URL’s etc
- E Tags – a significant resource
- CCTV – increased retention
- Seizure of devices
- 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.
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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.