ABSTRACT

Obviously, the person aiming at the target, the person claiming, must be a person insured under the policy. When making a claim the insured must supply the insurer with the information on the basis of which the insurer can decide how to respond. In practice the insurer may have to deal not only with the insured but also with the third party with a liability claim against the insured. In all classes of insurance, a duty is implied by law that the insured must give the insurer notice of any loss believed to be covered by the policy in question. In certain circumstances third parties to contracts of insurance have direct rights of action under the Contracts Act 1999. Untruth or inaccuracy is substantially false if it is material: if it would influence a prudent insurer's decision to accept, reject or compromise the claim. To be wilfully false, a substantial part of the claim must amount to common law fraud.