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Collateral lies OK in insurance claims, rules Supreme Court | Collateral lies OK in insurance claims, rules Supreme Court |
(35 minutes later) | |
It is OK to tell a "collateral" lie on an insurance claim, the Supreme Court has ruled, in a judgement that could affect millions of household policies. | It is OK to tell a "collateral" lie on an insurance claim, the Supreme Court has ruled, in a judgement that could affect millions of household policies. |
A collateral lie is one which is untrue, but does not affect the overall validity of the claim. | A collateral lie is one which is untrue, but does not affect the overall validity of the claim. |
The judges voted by four to one to change one of the important principles behind current insurance law. | The judges voted by four to one to change one of the important principles behind current insurance law. |
The precise case involved a Dutch cargo ship, which ran into difficulty after its engine room was flooded. | The precise case involved a Dutch cargo ship, which ran into difficulty after its engine room was flooded. |
The crew deliberately lied, by saying they couldn't investigate an alarm, because the ship was rolling in heavy seas. | The crew deliberately lied, by saying they couldn't investigate an alarm, because the ship was rolling in heavy seas. |
In fact the accident was caused by bad weather, so the lie was irrelevant, it was ruled. | In fact the accident was caused by bad weather, so the lie was irrelevant, it was ruled. |
The judge in the original court case said the lie amounted to a "fraudulent device", which invalidated the claim. | The judge in the original court case said the lie amounted to a "fraudulent device", which invalidated the claim. |
The Court of Appeal upheld that judgement, but the Supreme Court has now overturned it. | The Court of Appeal upheld that judgement, but the Supreme Court has now overturned it. |
'Increased premiums' | |
One of the judges, Lord Mance, said: "The critical point is that, in the case of a collateral lie….the insured is trying to obtain no more than the law regards as his entitlement, and the lie is irrelevant to the existence of that entitlement. Such a lie is immaterial to the claim." | One of the judges, Lord Mance, said: "The critical point is that, in the case of a collateral lie….the insured is trying to obtain no more than the law regards as his entitlement, and the lie is irrelevant to the existence of that entitlement. Such a lie is immaterial to the claim." |
The judgement suggests that someone who puts in an insurance claim for a stolen computer worth £1,000 - but who fabricates a receipt for that amount - would still have a valid claim. | The judgement suggests that someone who puts in an insurance claim for a stolen computer worth £1,000 - but who fabricates a receipt for that amount - would still have a valid claim. |
The Association of British Insurers said that it was looking at the judgement carefully, to work out the implications of the ruling. | The Association of British Insurers said that it was looking at the judgement carefully, to work out the implications of the ruling. |
But it is thought that the principle will apply to millions of household, travel and motor policies. | But it is thought that the principle will apply to millions of household, travel and motor policies. |
Kevin Pratt, consumer affairs expert at MoneySuperMarket, said the change would not amount to a blank cheque for fraudsters. | |
"It will still be a fraud if you fabricate a claim, and it will still be a fraud if you exaggerate a claim," he said. | |
"But insurers can no longer use so-called 'collateral lies' to reject a valid claim. The one worry is that, if insurers are paying more claims as a result of this ruling, then they will increase premiums." |