An assessment of the legal framework on insurance frauds in Mauritius: a comparative approach with the UK

Purpose This study attempts at providing a definition of insurance frauds in the Mauritian legal framework through a critical evaluation of the existing legislation on the subject matter. The purpose of this study is to identify the loopholes in the combating insurance frauds from a conviction perspective and to provide for recommendations after due analysis. Design/methodology/approach The research method adopted in this study is the doctrinal approach which consist of the analysis of legal rules not the subject matter. It also adopts a comparative approach using the UK as case study given that UK provides for certain best practices regarding insurance fraud and there are also important jurisdictional similarities. Findings There is a significant level of ambiguity regarding the legal framework on insurance frauds in Mauritius. There are various legislation attempting at combatting insurance frauds in an unharmonised manner. The substantive content of the offence of insurance fraud is poorly defined, as highlighted by case law, and there are general challenges regarding procedural aspects of prosecution for this offence. The adoption of forfeiture clauses in the UK and Mauritius helps insurers protect against fraud. The UK has specific laws and dedicated units for tackling insurance fraud, while Mauritius lacks such specialised resources, indicating a gap in addressing this issue effectively. Originality/value This paper contributes to knowledge regarding insurance frauds in Mauritius through a comparative analysis with several recommendations being provided. It is among the few academic researches and literature on the subject matter from a Mauritius perspective. Given that the insurance industry in Mauritius is highly consequential with a significant element of internationalisation, this study allows for an assessment of it in a structured manner.