• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.119-142
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• 2015

Many insurers have traditionally incorporated "fraud clauses" into insurance policies, setting out the consequences of making a fraudulent claim. Even in the absence of an express terms, English courts provide insurers with a remedy for a fraudulent claim. However, the law in this area is complex, convoluted and confused. English Law Commission think that the law in this area needs to be reformed for three reasons; (1) the disjunctive between the common law rule and section 17 generates unnecessary disputes and litigation, (2) increasingly, UK commercial law must be justified to an international insurance society, and (3) the rules on fraudulent claims are functioned as a deterrent if they are clear and well-understood. In order for these purposes, English Law Commission recommends a statutory regime to the effect that, when an insured commits fraud in relation to a claim, the insurer should (1) have no liability to pay the fraudulent claim and be able to recover any sums already paid in respect to the claim, and (2) have the option to treat the contract as having been terminated with from the time of the fraudulent act and, if chosen the option, be entitled to refuse all claims arising after the fraud, but (3) remain liable for legitimate losses before the fraudulent act. LC is not recommending a complete restatement of the law on insurance fraud generally. For example, LC does not seek to define fraud, instead, recommends the introduction of targeted provisions to confirm the remedies available to an insurer who discovers a fraud by a policyholder.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.207-229
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• 2012

In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

• Information Systems Review
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• v.5 no.1
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• pp.49-60
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• 2003

The purpose of this study is to empirically and practically verify the applicability of visualization data mining tool in detecting real-word insurance frauds that are now emerged as one of the most serious problems socially and economically. For the verification, Analyst's Notebook by i2, which has been known as the most effective visualization data mining tool, was adopted. With Analyst's Notebook, fraud-probable insurance transactions from a very large insurance claims are selected and then substantiation for insurance frauds are attempted. The results show that Analyst's Notebook not only detects insurance fraud transactions from a vast number of insurance claims, but is also able to pinpoint organized crime group by associating one fraud transaction to another fraud transaction. Therefore, it is safe to conclude that visualization data mining is very effective in detecting false transactions and crime behaviors including insurance fraud.

• Proceedings of the Korea Information Processing Society Conference
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• 2018.10a
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• pp.212-215
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• 2018

현재 자동차 사고 보험에서는 보험사기 문제가 해결되지 못하고 있다. 매년 자동차 보험 회사의 보험사기로 인한 금전적 손해는 증가하고 있다. 또한 보험사기를 막기 위해 적용되는 필수적인 보험 회사 직원의 현장 방문은 비효율적이고 보험금을 받을 때까지 많은 시간을 소모한다. 이를 해결하기 위해 자동차 보험에 블록체인을 적용한 go2solution은 기존 보험 처리 과정을 단축시켰지만 보험청구자의 사진만으로 사고 발생을 판단하기 때문에 사고를 입증하는데 증거가 부족하고 이를 이용한 보험 사기가 가능하다. 따라서 사고 발생 여부의 신뢰도를 측정하여 보험사기를 방지할 수 있도록 블록체인 기반 자동차 보험 신뢰모델을 제안한다. 포그 컴퓨팅을 적용하여 차량, 보험회사, RSU의 정보 공유를 원활하게 한다. 또한 목격자들이 신뢰요소로 적용될 수 있도록 블록체인 컨소시엄을 통한 인센티브 시스템을 적용하여 목격자들은 적극적으로 사고정보를 제공한다. 이렇게 수집된 다양한 신뢰요소 데이터를 분석하여 신뢰점수와 등급을 정한다. 이때 회귀분석을 적용하여 각각의 신뢰요소의 중요도에 따라 다른 가중치를 적용하여 정확한 신뢰점수를 책정한다. 결과적으로 보험회사는 보험사기 피해액을 절감하고 보험청구자는 인센티브를 사용하여 적은 보험료를 지불한다.

• Journal of Digital Convergence
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• v.20 no.2
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• pp.241-250
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• 2022

Due to the COVID-19 pandemic, with increased 'untact' services and with unstable household economy, the bike insurance fraud is expected to surge. Moreover, the fraud methodology gets complicated. However, the fraud detection model for bike insurance is absent. we deal with the issue of skewed class distribution and reflect the criterion of fraud detection expert. We utilize a balanced random-forest algorithm to develop an efficient bike insurance fraud detection model. As a result, while the predictive performance of balanced random-forest model is superior than it of non-balanced model. There is no significant difference between the variables used by the experts and the confirmatory models. The important variables to detect frauds are turned out to be age and gender of driver, correspondence between insured and driver, the amount of self-repairing claim, and the amount of bodily injury liability.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.407-426
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• 2016

The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.

• Applied Chemistry for Engineering
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• v.28 no.4
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• pp.490-494
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• 2017

With increasing the number of vehicles, the accident rate also goes up and the damaged vehicles should be painted as a final repair process. At the painting stage the solvent-based paint causes environmental problems. To overcome these problems waterborne refinish paint is frequently used recently. However, for waterborne refinish, the costs of insurance coverage are too expensive, and insurance reimbursement costs could be burdensome. Because of the high price of aquatic paint treatment, the service shop might charge the malicious service price. In this study, the surfactant of Surfynol 104, which is the component in the paint, was used as an indicator whether the vehicle was painted with waterborne paint. The specimen was quantitatively analyzed to contain 0.38% of the surfactant through the standard addition method with isotope substituted internal standard (IS) of fluranthene-d10 by curie point pyrolysis-gas chromatography/mass spectrometry (Py-GC/MS).