any act or omission with a view to illegally obtaining an insurance benefit
What is insurance fraud
100
Most common form of evidence
Sworn Statement
100
Damages in excess of those required to compensate the plaintiff for the wrong done.
What is punitive damages
100
Designed to deceive or mislead another
What is bad faith
100
In Quebec, the insured is required to promptly give ****** to the police of any loss caused by a criminal act. Requiring insureds to report crimes to police may deter insurance crime
What is notice to police
200
Latin for the guilty mind. Guilty knowledge or intention to commit a prohibited act. An element of criminal responsibility with the intention or knowledge of wrongdoing that constitutes part of a crime.
What is mens rea
200
Given on scientific, technical or professional matters given by qualified persons who can speak authoritatively on a particular subject.
May also qualify to give opinion evidence based on the special knowledge or skill they possess
Expert Evidence
200
Damages designed to compensate the plaintiff
What is an aggravated damages
200
Most ordinary contracts are?
Good faith
200
The insurer has the right to ***** damaged premises immediately after the loss to examine the property.
What is Entry, Control, Abandonment, Salvage
300
Coverage for loss from fire or lightning and also the resultant damage caused by smoke and water. Usually supplemented by extended coverage insurance.
What is fire insurance
300
The latin term vive voce is used to identify this type of evidence
Testimony given under oath
300
Humiliation, distress
What is aggravated damages
300
Conscious of wrongdoing
Bad faith
300
An inventory of destroyed and damaged property showing quantities, costs, actual cash value and particulars of the amount claimed
What is requirements after loss
400
Incorrect or missing information about a material fact that is offered, or not, by an applicant or insured with or without the intent to mislead.
What is misrepresentation
400
Written contracts, deeds, share certificates and other similar items may be eligible to be presented as evidence.
Documents
400
Also called exemplary damages
What is punitive damages
400
Implies a standard of honesty greater than that usually required in most commercial contracts
What is a utmost good faith
400
Only part of the premium (pro rata) is returned to the insured when the policy is cancelled.
The entire premium must be returned when the policy is voided ab nitio (from the beginning)
What is Terination
500
The intentional and voluntary relinquishment of a known right. In a policy it is required to be clearly expressed and in writing.
What is waiver
500
Sometimes conducted in courts by experts. The judge decided whether or not to allow such an event in the courtroom.
Experiments
500
Suffering intangible damages
What is aggravated damages
500
Constructive fraud
What is bad faith
500
Refers to changes that would influence a reasonable and prudent insurer to decide whether to stay on risk or influence the terms on which the risk is retained