AXA GENERAL INSURANCE LTD v GOTTLIEB

[2005] Lloyd's Rep IR 369

COURT OF APPEAL

Before Lord Justice Pill, Lord Justice Mance and Lord Justice Keene

Insurance (buildings) - Fraudulent claim - Assured making excessive claim - Claims made for losses not incurred by assured - Full payment by insurers - Whether insurers entitled to return of payments - Whether assured entitled to keep that part of the payments which reflected genuine loss - Whether interim payments made prior to fraudulent claim recoverable by insurers.