Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (The DC Merwestone)

[2016] UKSC 45

판결 이유

The fraudulent claims rule does not extend to 'collateral lies' — lies told in support of a claim that is otherwise genuine. A policyholder who tells a lie that is not material to the claim does not forfeit the entire claim.

사실관계

The insured vessel suffered flooding damage. The insured made a genuine claim but included a collateral lie about when the crew discovered the damage.

판결 요약

The Supreme Court held that the fraudulent claims rule applies only where the fraud is material to the claim. A collateral lie — one that does not affect the insured's entitlement — does not engage the rule.

주요 인용문

"A collateral lie, however reprehensible, does not justify the disproportionate sanction of forfeiture."
— Lord Sumption

후속 처리

Leading Authority

Modified the common law fraudulent claims rule.