mis representation to draw on insurance policy

happy_to_help

as part of a divorce settlement an insurance policy was left to mature and on maturity date was to be split between the two parties. party one however drew the money on the policy using a false signature for party 2. my Question how can party 2 firstly reclaim the money from party 1 and what comeback do they have against the insurance company for incorrectly paying out funds?

TonyMMM

If you have evidence of that happening, then it is straightforward theft/fraud.

Report to the police.

happy_to_help

Rather not go down that route at the moment...
though it was my first reaction as well!

agrinnall

happy_to_help wrote: »

...what comeback do they have against the insurance company for incorrectly paying out funds?

Complain to the insurer, take it to the FOS if unsatisfied.

It might be possible to argue that the fraud was perpetrated against the insurer rather than against party 2, and if that was successful then the insurer should pay out half to party 2 and pursue party 1 for recovery of that sum.

dunstonh

If you complain to the insurer, they will start fraud investigations and involve the police. So, police involvement is going to happen whether you report it or not.

The logical option here is to get the other party to pay up and perhaps take a hit to prevent the police being involved. In a divorce case, this has given one side a bit of ammunition to hold against the other.

TonyMMM

happy_to_help wrote: »

Rather not go down that route at the moment...
though it was my first reaction as well!

As stated - the insurance company will insist on police involvement - you have no real option if you want to sort it out.

Only other chance is that the threat of reporting to police might be enough to get the other party to pay up ?

Annisele

If you don't want to involve the police, you're pretty much stuck with "ask party 1 to give the money back".

You can ask nicely, or via a stroppy letter from a solicitor, or some other way - but if asking doesn't work, I don't see how you're going to be able to avoid police involvement eventually. You could sue party 1 for the money without involving the police, but I think it's likely a judge would be curious about why you hadn't.

happy_to_help

Many thanks for your help , latest development is party 1 has 'promised' to return the 'ill gotten gains' though as yet nothing has arrived... still hoping for success by using the threat as people have suggested rather than police/solicitor involvement.

forgotmyname

They will still be promising in 10 years. I would have paid you this week but I had a an unexpected bill. I will pay you next month. I would have paid you this month but they wont be paying me for the 3 month cruise i have booked.

Either act now and report it or let them keep the money and move on.

Nasqueron

Either use the police as it's fraud or accept no money will come back

People who refuse to use the police in these circumstances (similar with family members who do stuff) give the idea that the issue wasn't actually fraud and they are just trying to get extra money (obviously not saying you are doing this but the unwillingness to use them does suggest the case isn't as described)

forgotmyname

SIL is going through a similar issue. Family member used her name to obtain goods.
She didn't goto the police and now the companies are threatening legal action because she has the means and assets to be able to get her to pay.

I said just give them the crime number, oh dear she only had a quick chat to the police and didnt actually go through the details and make it formal. No crime number.

I had to tell her unless she goes to the police and properly reports it then they wont be going away.