AXA Insurance has announced success in two fraudulent injury claims. Following investigation for fraud, one case resulted in a finding of fundamental dishonesty (and was subsequently withdrawn with court costs awarded in the insurer’s favour) and the second case ended with a prison sentence.
AXA’s approach shows how a proactive strategy can yield positive results. The outcome reflects the general approach taken by the courts to be alive to making such findings where the final evidential picture in a case permits it – whether pleaded or otherwise. If sufficient evidence allows explicit allegations of fraud to be made in a defence, doing so will set the agenda for the litigation.
The reference to fundamental dishonesty in both the Civil Procedure Rules and legislation appears to have assured both the courts and defendants that, where any doubts lingered, claims fraud does exist and can and should be dealt with.
In a related step, the Insurance Fraud TaskForce is looking to engage with wider stakeholders about potential recommendations made by the TaskForce. Two roundtable events are due to take place on 23 September 2015 and next month.