UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) (18 January 2018)

UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) (18 January 2018)

The court found that the only credible explanation for the concealment of the friendship between Mr. Gentry and Mr. Miller, the inconsistencies in the evidence, and the circumstances of the claim was that the collision was staged to support a fraudulent insurance claim. The Claimant discharged the burden of proof to the required high standard, entitling it to judgment for damages paid out as a result of the deceit.

Citation
[2018] EWHC 37 (QB)
Parties
Claimant: UK Insurance Limited; Defendant: Stuart John Gentry
Jurisdiction
England and Wales
Judgment Date
18 January 2018
Procedural Posture
Civil Tort of Deceit (insurance Fraud) / Trial Judgment
Outcome
Judgment for the Claimant
Legal Topics
Fraudulent Misrepresentation, Insurance Fraud, Burden of Proof in Civil Fraud, Adverse Inferences From Failure to Testify, Assessment of Damages
Insurance Law Tort Law Civil Procedure Fraudulent Misrepresentation Insurance Fraud Burden of Proof in Civil Fraud Adverse Inferences From Failure to Testify Assessment of Damages

Case Brief

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Parties

UK Insurance Limited

Claimant

Stuart John Gentry

Defendant

Procedural Posture

Civil Tort of Deceit (insurance Fraud) / Trial Judgment

Legal Issues

  1. 1 Whether Mr. Gentry fraudulently represented that his car was involved in a genuine collision with Mr. Miller's car on 17 March 2013
  2. 2 Whether the collision was staged to support a fraudulent insurance claim
  3. 3 Whether the Claimant is entitled to recover damages paid out as a result of the deceit

Ratio Decidendi

The court found that the only credible explanation for the concealment of the friendship between Mr. Gentry and Mr. Miller, the inconsistencies in the evidence, and the circumstances of the claim was that the collision was staged to support a fraudulent insurance claim. The Claimant discharged the burden of proof to the required high standard, entitling it to judgment for damages paid out as a result of the deceit.

Court Disposition

Judgment for the Claimant

Orders

  • Defendant to pay the Claimant £19,179 in damages
  • Defendant to pay interest and costs