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Insurance and risk

Investigating an insurance claim without overreaching

Most claims deserve a light check and a small number deserve a thorough one. The skill is matching the enquiry to the indicators you actually have.

By Mike Gillam, Managing Director

Published · Reviewed

Almost every claim is genuine, and the ones that are not tend to look ordinary at intake. That combination is what makes claims investigation a proportionality exercise rather than a detection exercise. The question is never whether more could be found out. It is whether this claim, on these indicators, justifies the enquiry being contemplated.

Getting that judgement wrong is expensive in both directions. Too little enquiry pays claims that should have been declined. Too much produces complaints, regulatory attention and decisions that do not survive review, because the file shows an insurer that went looking rather than one that assessed.

Stage one: verification on every claim

The baseline is confirming that the claim describes a real arrangement. Does the claimant exist as described, is there an insurable interest, does the insured item belong to the person claiming for it, and does the entity on the policy still exist?

These are narrow, proportionate checks. An ownership question on a vehicle or plant item is answered by a PPSR search, which will also reveal a finance interest the claim did not mention. A property claim is anchored by the record of title. A commercial claimant is confirmed through the companies register, which also shows whether the entity is in liquidation.

Stage two: enquiry driven by indicators

Wider enquiry needs a reason that can be written down. Useful indicators tend to be concrete: a loss shortly after cover incepted or was increased, a documented history of similar claims, an asset that cannot be located, inconsistencies between the claim and contemporaneous records, or a value that does not match the item described.

Weak indicators are the ones based on the claimant rather than the claim: where they live, their apparent means, their manner on the phone. An investigation file that opens on that basis reads badly later, and it reads exactly the same whether the claim was genuine or not.

Where indicators exist, the second stage typically brings in entity and association work, insolvency status, prior litigation history where the claim involves a business dispute, and open source checks. Each addition should be traceable to the indicator that prompted it.

Proportionality in practice

Three tests keep the enquiry inside its purpose.

Necessity. Information Privacy Principle 1 permits collection where it is necessary for a lawful purpose connected with the agency's functions. Necessary is a higher bar than useful. If the claim can be decided without the information, collecting it is hard to defend.

Scope. The subject of the enquiry is the claim and the claimant, not the claimant's household. Searching a partner, an adult child or a former spouse because they share an address widens the collection beyond the purpose, and that widening is visible in any audit record.

Escalation. Enquiry should step up as indicators accumulate rather than starting at its maximum. A file showing that sequence demonstrates judgement. A file that starts with everything demonstrates process.

Digital footprint enquiries

Publicly visible online material is legitimately available and frequently decisive in capability and location questions. The boundaries still apply: no pretexting, no false friend requests, no access to material behind a privacy setting, and no assumption that an undated post describes the present. The approach is set out in social media and digital footprint tracing.

The record that supports the decision

A claims decision is reviewable by an internal complaints process, a dispute resolution scheme, the Privacy Commissioner or a court. Each will look at the same thing: what was collected, why, and whether the reason existed at the time.

So the purpose should be declared before each search, the sources recorded, and the indicators that prompted escalation noted on the file. That is not additional administration, it is the difference between a decision that holds and one that is remade by someone else. The reasoning is set out in what a professional search audit should record.

Claims and risk teams will find the wider workflow on the insurance and risk page. Access is issued to verified professional users through the request access page.

Questions on this topic

When does a claim justify an investigation?

When there are specific indicators that the claim as presented may not be accurate, or when the value and complexity of the claim mean it cannot be assessed on the file alone. A general suspicion without indicators is not a basis for wider enquiry.

What can an insurer lawfully check about a claimant?

Information that is necessary for assessing the claim and that the insurer has a proper purpose to collect, including registers of ownership and security interests, entity records and, where the policy and consent allow, credit related information.

Does the claimant have to be told?

The Privacy Act 2020 requires an agency collecting personal information about an individual to take reasonable steps to make them aware of the collection and its purpose, with limited exceptions. Policy wording and claim forms usually address this at the outset.

Can a claimant see the investigation file?

An individual generally has a right of access to personal information an agency holds about them, subject to statutory withholding grounds. Assume any note may be read by the claimant and write accordingly.

More insights

  • Compliance

    Customer due diligence in practice

    The AML/CFT obligations are written as outcomes, not as a checklist of searches. This maps the outcomes onto the records that actually prove them.

  • Corporate and compliance

    Pre-employment and vendor due diligence

    Verification and surveillance are different activities with different legal footing. Most disputes start when a check quietly turns into the second one.

  • Company and director

    Finding who is behind an entity

    The register names the shareholders. Working out who benefits usually takes three or four sources read against each other.

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