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3<br />

Fraudulent Claims<br />

1. Where an insured commits any fraud<br />

in relation to a claim the insurer will have<br />

no liability to pay that claim (a codification<br />

of the long-established legal principle that<br />

any fraud taints the entire claim).<br />

2. As a consequence, any payments<br />

already made in relation to the fraudulent<br />

claim are recoverable by the insurer.<br />

3. The insurer, on giving notice to the<br />

insured, may treat the contract as having<br />

been terminated with effect from the time<br />

of the fraudulent act.<br />

4. Upon termination, an insurer’s liability<br />

under the contract for claims occurring<br />

before the time of the fraudulent act is<br />

unaffected, but they may refuse any<br />

liability in respect of a claim that occurs<br />

after the time of the fraudulent act.<br />

5. Additionally, if the contract is<br />

terminated, premiums are non-refundable<br />

at the discretion of the insurer.<br />

6<br />

A GUIDE TO THE INSURANCE ACT 2015

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