AbstractThis paper discusses the law of insurance fraud at the point of claim, what in the United States is known as the “false swearing” doctrine. It situates that doctrine within the broader landscape of both the claims process and of responses to insurance fraud. It suggests the proper contours of the doctrine and the applicable standard of proof and changes in other doctrines that address the particular problem of false swearing and the broader problem of agency and opportunism in insurance claims by both insured and insurer. The false swearing doctrine should require reliance by the insurer and proof by clear and convincing evidence, and the insurer’s conduct in asserting fraud should be evaluated by a reasonableness standard.
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