Yeganeh v Zurich Plc [2010] EWHC 1185 (QB) (24 May 2010)

Yeganeh v Zurich Plc [2010] EWHC 1185 (QB) (24 May 2010)

Zurich failed to prove on the balance of probabilities that the claimant deliberately set fire to the house (arson), but succeeded in proving that the claimant made a fraudulent and/or false claim for contents lost in the fire. Under the policy and general law, this fraud voids the entire claim.

Citation
[2010] EWHC 1185
Parties
Claimant/part 20 Defendant: Farid Yeganeh; First Defendant: Zurich PLC; Second Defendant/part 20 Claimant: Zurich Insurance Company
Jurisdiction
England and Wales
Judgment Date
24 May 2010
Procedural Posture
Insurance Claim (buildings and Contents) / Final Judgment After Trial
Outcome
Claim dismissed in its entirety due to fraudulent contents claim.
Legal Topics
Fraudulent Insurance Claims, Burden of Proof in Civil Fraud, Policy Exclusions for Fraud, Reinstatement Costs, Contents Claims Under Insurance, Standard of Proof for Fraud
Insurance Law Civil Procedure Fraudulent Insurance Claims Burden of Proof in Civil Fraud Policy Exclusions for Fraud Reinstatement Costs Contents Claims Under Insurance Standard of Proof for Fraud

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Parties

Farid Yeganeh

Claimant/part 20 Defendant

Zurich PLC

First Defendant

Zurich Insurance Company

Second Defendant/part 20 Claimant

Procedural Posture

Insurance Claim (buildings and Contents) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant deliberately caused the fire (arson)
  2. 2 Whether the claimant made a fraudulent or false claim for contents lost in the fire

Ratio Decidendi

Zurich failed to prove on the balance of probabilities that the claimant deliberately set fire to the house (arson), but succeeded in proving that the claimant made a fraudulent and/or false claim for contents lost in the fire. Under the policy and general law, this fraud voids the entire claim.

Court Disposition

Claim dismissed in its entirety due to fraudulent contents claim.

Orders

  • Claimant's claim under the insurance policy is dismissed.
  • Policy is voided from 14 September 2007 due to fraud.