The questions on appeal in this Supreme Court of Appeal judgment were whether the policy fraud clauses entitled the insurer to repayment of all the amounts paid to the insured subsequent to the insured event when the insured with full knowledge of his misrepresentations submitted a partly fraudulent claim; whether the doctrine of accrued rights
Fraud clauses
Insureds, the duty to act in good faith and fraud clauses (Part 1)
By Donald Dinnie on
In this Supreme Court of Appeal judgment the court confirmed that insured persons are under a duty to act in good faith in their dealings with insurers. Accordingly, the wilful lodgement of a false claim by the insured constitutes the breach of a duty of good faith which entitles the insurer to terminate the policy.…