Tilkema has cut his thumb off; What about the insurance company? Legal aspects of insurance fraud in the Netherlands Antilles prof. dr. Frank Kunneman

Is money a problem?

Problem solved!

USD 730,000.00

Insurance fraud: Contractual default

Three stages: non-disclosure disinformation Incurring the damages: Applying for a policy: non-disclosure disinformation Incurring the damages: provoked damages recklessness Reporting damages: exaggerated claims false claims

Stage I

Tilkema’s thumb

Soft fraud vs. Hard fraud

Are there any facts that can be relevant for the assessment of your application?

Best practice no. 1 Avoid general questions

Specifically ask for a relevant criminal record Best practice no. 2 Specifically ask for a relevant criminal record

Best practice no. 3 Ask questions which are as specific as possible

Legal consequences

New system for soft fraud: policy remains intact Three possibilities Total payment Partial payment No payment

Stage II

“My insurance broker told me the following A Poem by Tom Lanoye: “My insurance broker told me the following after closing a “global estate fire insurance”: 

The best way to set your house ablaze: Open all the doors inside the house Take a jerry can of gas Pour it on a dog Light a match Throw it on the dog

A Parrot can solve your problems, too. Do not forget to open the door of its cage!

Stage III

“My camera was stolen!” or Which one to declare? ?

Expiration clause and partial fraud

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