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Fraudulent claims in commercial insurance law: A legal and economic analysis. / Rui Zheng

Swansea University Author: Rui Zheng

Abstract

Insurance fraud is perhaps one of the most pressing problems challenging the insurance industry. The judiciary plays a significant role in tackling insurance fraud: the burden is on their shoulders to identify the appropriate legal rules governing fraudulent claims and determining the consequences o...

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Published: 2012
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
URI: https://cronfa.swan.ac.uk/Record/cronfa42644
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first_indexed 2018-08-02T18:55:12Z
last_indexed 2018-08-03T10:10:42Z
id cronfa42644
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spelling 2018-08-02T16:24:29.9618028 v2 42644 2018-08-02 Fraudulent claims in commercial insurance law: A legal and economic analysis. 5262f57e649f998e0e55f4ea5aae8841 NULL Rui Zheng Rui Zheng true true 2018-08-02 Insurance fraud is perhaps one of the most pressing problems challenging the insurance industry. The judiciary plays a significant role in tackling insurance fraud: the burden is on their shoulders to identify the appropriate legal rules governing fraudulent claims and determining the consequences of fraud. However, regrettably, this process has long remained elusive and in the recent decades the courts have tried but failed to formulate clear principles for the treatment of insurance fraud, so the process is, still, continuing. This judicial process is not free from difficulty particularly with regard to the consequence of presenting fraudulent claims. The failure of judicial attempt to formulate clear principles in this jurisdiction has attracted the attention of the Law Commissions which intend to pursue a reform at the legislative level. At the current stage, the law seems to stand at a turning point and try to adapt itself to the new situation. The author is of the opinion that this is the right time to provide a full-scale research in the jurisdiction of insurance fraudulent claims for the purpose of identifying the existing difficulties and confusions, shaping the appropriate legal regime and contributing to the evolving reform process of English insurance contract law. The author is also of the opinion that considering the viability of reform proposals from a novel perspective, namely economics and law, might add a very interesting dimension to the debate. It is believed that the law and economics debate would be helpful in explaining the outcomes of certain legal solutions and identifying the most appropriate legal remedy. Finally, the author also intends to examine to what extent the Law Commissions' proposal could be defended in the light of author's legal and economic analysis. E-Thesis Law. 31 12 2012 2012-12-31 COLLEGE NANME Law COLLEGE CODE Swansea University Doctoral Ph.D 2018-08-02T16:24:29.9618028 2018-08-02T16:24:29.9618028 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Rui Zheng NULL 1 0042644-02082018162510.pdf 10805420.pdf 2018-08-02T16:25:10.6770000 Output 13003350 application/pdf E-Thesis true 2018-08-02T16:25:10.6770000 false
title Fraudulent claims in commercial insurance law: A legal and economic analysis.
spellingShingle Fraudulent claims in commercial insurance law: A legal and economic analysis.
Rui Zheng
title_short Fraudulent claims in commercial insurance law: A legal and economic analysis.
title_full Fraudulent claims in commercial insurance law: A legal and economic analysis.
title_fullStr Fraudulent claims in commercial insurance law: A legal and economic analysis.
title_full_unstemmed Fraudulent claims in commercial insurance law: A legal and economic analysis.
title_sort Fraudulent claims in commercial insurance law: A legal and economic analysis.
author_id_str_mv 5262f57e649f998e0e55f4ea5aae8841
author_id_fullname_str_mv 5262f57e649f998e0e55f4ea5aae8841_***_Rui Zheng
author Rui Zheng
author2 Rui Zheng
format E-Thesis
publishDate 2012
institution Swansea University
college_str Faculty of Humanities and Social Sciences
hierarchytype
hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
document_store_str 1
active_str 0
description Insurance fraud is perhaps one of the most pressing problems challenging the insurance industry. The judiciary plays a significant role in tackling insurance fraud: the burden is on their shoulders to identify the appropriate legal rules governing fraudulent claims and determining the consequences of fraud. However, regrettably, this process has long remained elusive and in the recent decades the courts have tried but failed to formulate clear principles for the treatment of insurance fraud, so the process is, still, continuing. This judicial process is not free from difficulty particularly with regard to the consequence of presenting fraudulent claims. The failure of judicial attempt to formulate clear principles in this jurisdiction has attracted the attention of the Law Commissions which intend to pursue a reform at the legislative level. At the current stage, the law seems to stand at a turning point and try to adapt itself to the new situation. The author is of the opinion that this is the right time to provide a full-scale research in the jurisdiction of insurance fraudulent claims for the purpose of identifying the existing difficulties and confusions, shaping the appropriate legal regime and contributing to the evolving reform process of English insurance contract law. The author is also of the opinion that considering the viability of reform proposals from a novel perspective, namely economics and law, might add a very interesting dimension to the debate. It is believed that the law and economics debate would be helpful in explaining the outcomes of certain legal solutions and identifying the most appropriate legal remedy. Finally, the author also intends to examine to what extent the Law Commissions' proposal could be defended in the light of author's legal and economic analysis.
published_date 2012-12-31T03:53:22Z
_version_ 1763752649628319744
score 11.028798

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