A woman’s personal injury claim has been dismissed on the grounds of fundamental dishonesty, after the judge did not believe her evidence.
The claimant alleged she had suffered with injuries to her throat, after swallowing metal found in spring rolls purchased from Allianz’s insured - a takeaway store.
Allianz’s fraud manager, Nick Kelsall said:
“Following a successful investigation by Allianz and DAC Beachcroft, the claimant has been found to be fundamentally dishonest and ordered to repay costs”.
The owner of Allianz’s insured, a successful Indian restaurant and takeaway store in Leicester, had received a call from the claimant and immediately asked her to bring in the spring rolls.
“The offending spring rolls were not produced to our insured and a photo submitted as evidence clearly shows a deconstructed spring roll placed next to metal shards. The claimant also chose not to come in to make a formal complaint and the information she gave was inconsistent, confusing and contradictory”.
The claimant’s medical records suggested that she did not visit her GP to discuss the incident until three months had passed. She had in fact seen her GP a month following the incident, but made no mention of the incident at this time.
After records showed the restaurant had batch cooked and sold over hundreds of spring rolls and had received no other complaints, it was extremely unlikely that the metal shards would appear in just two out of hundreds.
At a hearing the judge said that he did not believe the evidence as it was not accurate and he did not accept the medical chronology of her claim.
“This case is a blatant example of the extreme lengths people will go to for their own financial gain. Fortunately for our genuine policyholders, we are committed to protecting them from spurious claims.
“The outcome of the case demonstrates the consequences of pursuing fraudulent claims. The claimant will now have to repay the costs and will live with a record against her name as a result of an exaggerated claim.”
Georgia Court, counter fraud partner at DAC Beachcroft, said:
"Claimants who are found to have lied in their evidence should expect to bear the consequences. This outcome demonstrates Allianz's determination to fight spurious claims from unscrupulous individuals, and to use the power of the courts if that is what it takes".
The Allianz Group is one of the world's leading insurers and asset managers with more than 92 million retail and corporate customers. Allianz customers benefit from a broad range of personal and corporate insurance services, ranging from property, life and health insurance to assistance services to credit insurance and global business insurance. Allianz is one of the world’s largest investors, managing around 673 billion euros on behalf of its insurance customers. Furthermore our asset managers PIMCO and Allianz Global Investors manage more than 1.4 trillion euros of third-party assets. Thanks to our systematic integration of ecological and social criteria in our business processes and investment decisions, we hold the leading position for insurers in the Dow Jones Sustainability Index. In 2018, over 142,000 employees in more than 80 countries achieved total revenues of 131 billion euros and an operating profit of 11.5 billion euros for the group.
These assessments are, as always, subject to the disclaimer provided below.
Cautionary note regarding forward-looking statements
This document includes forward-looking statements, such as prospects or expectations, that are based on management's current views and assumptions and subject to known and unknown risks and uncertainties. Actual results, performance figures, or events may differ significantly from those expressed or implied in such forward-looking statements. Deviations may arise due to changes in factors including, but not limited to, the following: (i) the general economic and competitive situation in the Allianz Group's core business and core markets, (ii) the performance of financial markets (in particular market volatility, liquidity, and credit events), (iii) the frequency and severity of insured loss events, including those resulting from natural catastrophes, and the development of loss expenses, (iv) mortality and morbidity levels and trends, (v) persistency levels, (vi) particularly in the banking business, the extent of credit defaults, (vii) interest rate levels, (viii) currency exchange rates, most notably the EUR/USD exchange rate, (ix) changes in laws and regulations, including tax regulations, (x) the impact of acquisitions including and related integration issues and reorganization measures, and (xi) the general competitive conditions that, in each individual case, apply at a local, regional, national, and/or global level. Many of these changes can be exacerbated by terrorist activities.
No duty to update
The Allianz Group assumes no obligation to update any information or forward-looking statement contained herein, save for any information we are required to disclose by law.