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Policies and Perceptions of Insurance Law in the Twenty-First Century$
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Malcolm Clarke

Print publication date: 2005

Print ISBN-13: 9780199273300

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199273300.001.0001

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The Sequel: Perceptions of the Past and of the Future

The Sequel: Perceptions of the Past and of the Future

Chapter:
(p.334) 9 The Sequel: Perceptions of the Past and of the Future
Source:
Policies and Perceptions of Insurance Law in the Twenty-First Century
Author(s):

MALCOLM CLARKE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199273300.003.0009

No better illustration of insecurity can be found than in the amount of discretion that the law allows insurers, especially when a claim is brought and the insurer's claims department ‘smells’ fraud. Quite apart from the tried and tested use of ‘technical’ defences, such as late notice or non-disclosure, the law gives insurers almost infinite discretion to delay payment until claimants crack or simply give up. There is evidence, in the past at least, that a considerable proportion of the stress suffered by claimants in personal injury cases is a product of deliberate strategy by insurers defending the claim and the inability of solicitors, for reasons of resources, organization, and experience, to move claims forward fast enough.

Keywords:   insurer's claims, non-disclosure, claimants, personal injury, solicitors, law of cooperation, insurance contract

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