Study 3 - Authority, Provisions & Enforcement Flashcards
Which impact of insurance fraud is described as harm against the person?
Consumer harm
What impact of insurance fraud describes the sharing or paying for financial loss?
Consumer burden
What impact of insurance fraud accounts for the loss of consumer confidence and industry identity?
Industry reputational harm
Successful fraud management models depend on effective case selection practices to do what?
Execute targeted prevention strategies
What key metric is used to design fraud management investigation models?
The frequency by which fraudulent, coercive or corrupt acts are believed to occur
Which categories have consumer burden impacts and represents the bulk of financial loss and financial risk to insurers?
Falsified claim fraud, policy fraud, and supplied fraud
What are the two parts to enforcement?
Investigation and prosecution
What is an insurance regulator?
A government department legislated to licence insurers
What is a violation?
A breach of law supported by legislation
What must an insurer know to effectively manage fraud?
The violations and contraventions that are enforceable in the jurisdiction
Principles of enforcement complaint initiation
-Personal safety
-Threat of deliberate loss
-Prosecution of a concluded case with deterrent value
-Public interest in reporting unenforceable complaint cases
-Additional evidence to bring a case to conclusion
Pros of civil proceedings as an enforcement option?
-The timing and scope of proceedings are controllable. There are no dependencies on external bodies as to when or how action will be taken.
-Costs of investigation can be added to the claim by the insurance business or organization initiating the proceeding.
-Resolution of a civil action can include agreement on a court order with specified conditions.
-Contraventions of court-ordered conditions are always enforceable in the future, which can be an excellent fraud prevention tool.
Cons
-Upfront legal costs (internal or external) are incurred to see civil proceedings through to the desired conclusion.
-There can be circumstances where it is not practical to recover damages or costs if the
defendant cannot pay.
-There is significant risk of industry reputational harm to situations where civil proceedings initiated by an insurer are withdrawn or no longer pursued because of mounting legal costs.
-This can quickly result in the reversal of the intended effect at the outset of proceedings
because knowledge of the withdrawal empowers the defendant (or others who are likeminded) to continue their behaviour.