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Fraudulent claims in commercial insurance law : = A legal and economic analysis.

Record Type:	Language materials, manuscript : Monograph/item
Title/Author:	Fraudulent claims in commercial insurance law :/
Reminder of title:	A legal and economic analysis.
Author:	Zheng, Rui.
Description:	1 online resource (392 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 79-10, Section: C.
Contained By:	Dissertations Abstracts International79-10C.
Subject:	Law. -
Online resource:	click for full text (PQDT)
ISBN:	9780355821000

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

Fraudulent claims in commercial insurance law :A legal and economic analysis. - 1 online resource (392 pages)

Source: Dissertations Abstracts International, Volume: 79-10, Section: C.

Thesis (Ph.D.)--Swansea University (United Kingdom), 2012.

Includes bibliographical references

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.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2024

Mode of access: World Wide Web

ISBN: 9780355821000Subjects--Topical Terms:

671705
Law.
Subjects--Index Terms:

Insurance fraudIndex Terms--Genre/Form:

554714
Electronic books.

Fraudulent claims in commercial insurance law : = A legal and economic analysis.
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504 $a Includes bibliographical references
520 $a 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.
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