Publiée 1995-11-05
Mots-clés
- marine insurance,
- marine underwriter,
- fraudulent marine insurance claim,
- maritime fraud,
- scuttling
- non-disclosure,
- false statements,
- misrepresentation,
- perils of the seas,
- onus of proof,
- standard of proof,
- dishonest propensity,
- Fair Trading Act 1986 (NZ) ...##plugins.themes.classic.more##
Résumé
Rzepecky reviews the case Gate v Sun Alliance [1995] LRLR 385, in which Sun Alliance defended a claim by the Gates for theft of their luxury launch. Rzepecky discusses the background to the claim, outlines some of the legal issues considered by the court, and reviews the significance of some of the judge's findings to insurers facing fraudulent claims.