Professor Soyer has written a valuable work, centred on marine insurance fraud,
but of wider application in the context of insurance generally. The heart of it is its
consideration of fraud at two critical stages of the relationship between insurer and
insured, namely at the outset of their relationship when the doctrine of good faith
disclosure requires a fair presentation of the risk, and after the insurance contract
has incepted when claims come to be presented.
Where fraud is concerned, the initial period presents fewer difficulties, because
deliberate, dishonest concealment such as deserves the name of fraud overleaps
many of the anxieties which currently hang about the doctrine of good faith in the
presentation of the risk and the draconian remedy of avoidance. Indeed, Professor
Soyer demonstrates how the most egregious frauds start life even before contract, in
the conspiratorial planning of the loss of phantom cargoes.
It is in the second period, however, when claims are generated, that the issues
that arise from fraud multiply. Chapter 3 of this work provides its readers with a
substantial and excellent analysis of the problems involved in finding a coherent
and proportionate structure for dealing with the many different kinds of dishonesty
which populate this period.