An important turning point in the world of investigations. Insurers can make use of private investigators to check the extent of any claims. A few weeks ago, in fact, the European Court of Human Rights (ECHR) has declared legitimate the use of private investigators to uncover insurance fraud.
The case concerned an action of a couple in Switzerland had been guarded by a private investigator hired by an insurance company.
Her husband had been injured in 2001 in a car accident. As a passenger, he had initiated claims for damages against the drivers of the vehicles involved to a total of 1.8 million francs.
A figure apparently deemed too high by the insurance company which has thus decided to hire a private investigator to ascertain the man’s condition.
And that’s how the detective was able to ascertain that the same was perfectly able to lift weights, do the shopping, vacuuming and washing the car.
Movies and evidence collected by detectives but also brought back the images of his wife so as to urge the suspicion of a violation of privacy.
As a defense, then, the couple decided in 2007 to start a trial for wrongdoing against the personality and speaking before the Federal Court and then, received a refusal, by resorting to the ECHR. The same that was expressed a few days ago rejected the appeal with a momentous statement.
According to the judges, in fact:
“The surveillance was in fact done to preserve the insurer’s interest and took place in public places.The information on his wife, collected by chance and without ties with the investigation, are also far from being able to be considered a systematic surveillance. “
In Italy, today, the episodes of fraud to the detriment of insurance are on the agenda and that is why many companies rely on the investigative agencies to expose any fraud. The investigations, however, over time have allowed not only to do justice in the individual case but also to trace and expose previous episodes that dealt with crafty insurance.
A decision, therefore, that fundamentally changes the legal approach in the cases of insurance fraud and allows you to locate evidence thanks to the work of the detective.