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

[2016] UKSC 45

Ratio Decidendi

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.

Fapte

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

Rezumatul hotărârii

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.

Citate cheie

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

Tratament ulterior

Leading Authority

Modified the common law fraudulent claims rule.