AXA Insurance has announced success in two fraudulent injury claims. Following investigation for fraud, one case resulted in a finding of fundamental dishonesty (with 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. Courts should 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, the agenda for the litigation will be set.
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 can and should be dealt with.