Explain, with justification, two methods of recovery available to the insurer for the claims paymentpaid to pedestrians A and B. – Essaylink

You are a claims handler for an insurer. You have received a claim from one of the insurer’s policyholders,ABC Ltd, a bus company. One of ABC Ltd’s buses was involved in an incident which resulted in seriousinjuries to two pedestrians. The whole incident was caught on closed-circuit television (CCTV) cameras andthe policyholder has accepted full liability.

Pedestrian A claimed for loss of earnings, for a six-month period, due to reduced mobility as a result of theincident.Pedestrian B claimed for loss of earnings .Payments have been made to both pedestrians in full settlement of these claims. Subsequently, you have established that:

• Pedestrian A had been playing golf with no apparent mobility issues, during the period for which theyclaimed.

• Pedestrian B presented fake payslips in support of their claim.

• Pedestrian B has since moved overseas to another country.You are now seeking to obtain recoveries from pedestrian A and pedetrian B.

(a)Explain, with justification, how the false information provided by pedestrians A and B differs in law.Refer to one relevant case in support of your explanation.

(b)Explain, with justification, two methods of recovery available to the insurer for the claims paymentpaid to pedestrians A and B. Refer to one statute in support of your explanation.

(c)Identify, with justification, the burden and standard of proof for each method of recovery you have explained in (b) above.

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