Remedies for fraudulent claims in insurance. A comparative study of Chilean and English law

Abstract

This paper deals with remedies for fraudulent claims that Chilean and English law offer to the insurer. In both legal systems, fraud at the post-contractual stage requires information to be essentially false and given on purpose. Although both systems provide the same remedies, the difference is the way in which they are applied. While English law frees the insurer to pay the claim and termination of the contract is an option; it is stated here that, Chilean law requires the termination of the contract by judicial resolution to release the company from its main obligation. This interpretation has no application in practice. Therefore, this paper attempts to contribute to the correct application of the remedies foresaw by the law.