INTRODUCTION
The law regarding insurance fraud is very much a developing area: witness, for example, the Supreme Court’s holding in DC Merwestone that collateral lies and fraudulent devices used to support a genuine claim did not render it into a fraudulent one. However, the development of this area of law did not cease there. In fact, more recently the Court of Appeal handed down another judgment of potentially even greater importance which attracted a lot of attention in the insurance market. The decision in Axa Insurance UK Plc v Financial Claims Solutions Ltd is the first binding appellate authority on the availability of exemplary damages in cases of fraudulent insurance claims. The judgment was warmly welcomed by the insurance industry as it provided an additional weapon to an insurer’s arsenal in dealing with insurance fraud. Insurance fraud is a growing menace …
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Filippos Alexandrakis, ‘The remedy of exemplary damages in case of fraudulent insurance claims’ [2023] Journal of Business Law (1) 1-21.
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