ABSTRACT
This chapter examines the application of the duty of utmost good faith to the assured's presentation of a claim under the insurance contract, both at common law and under the Insurance Act 2015. The relationship between the duty of utmost good faith and claims has become an increasingly important issue with those involved in advising assureds and insurers alike focusing as perhaps never before upon the quality and accuracy of information and documentation provided to the insurer in support of a claim. A common type of fraudulent claim arises where a loss has been genuinely suffered and a claim for an indemnity is legitimately recoverable under a contract of insurance, but where the claim is wilfully exaggerated. This can take two forms: either the quantum of the claim is simply inflated or the assured takes the opportunity to claim for items that have not been lost or damaged.
