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.
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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
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