ABSTRACT
Prior to the IA 2015 a special common law rule used to apply when an assured made a fraudulent claim. The IA 2015 codified the remedy available for the insurer in case the assured’s claim is fraudulent. The IA 2015 does not define the circumstances where the claim will be fraudulent. The common law here will be helpful to define a ‘fraudulent claim’. The chapter traces back the special common law rule mentioned above and the codification of the remedy under the IA 2015. The Supreme Court’s decision in the Versloot case has been referred to in detail. Key words: special common law rule, dishonesty, fraud, exaggeration of claim, suppression of a policy defence, intention to deceit, recklessness, forfeiture of the whole claim, termination of contract, fraudulent means and device, genuine claim, collateral lie, materiality, group insurance, duty of good faith, contracting out of IA 2015.
