Kapi-Mana News

Insurers’ secret spy powers

- ROB STOCK MONEY MATTERS rob.stock@fairfaxmed­ia.co.nz

The Southern Response insurance surveillan­ce scandal has lifted the lid on an insurance industry secret.

Private insurers from time to time hire private investigat­ors to do secret surveillan­ce on selected of their policyhold­ers.

The case of Southern Response hiring a private investigat­or to spy on Christchur­ch earthquake­damaged home owner Cameron Preston is being investigat­ed by the State Services Commission.

Prime Minister Jacinda Ardern called the Southern Response spying ‘‘totally inappropri­ate’’.

Inappropri­ate? Interestin­g word, but actually apt.

Sometimes insurers do think it appropriat­e to hire private investigat­ors to spy on policyhold­ers they believe are defrauding them. The aim, as shown in a 2011 Insurance and Financial Services Ombudsman case, is to find evidence someone is lying in a claim.

In that case, the insurer got

GOLDEN RULES

Read your insurance policies Never lie to an insurer Never entirely trust one either evidence of a man doing work tasks he was supposedly unable to do.

An insurer who catches a policyhold­er lying in a claim has the right to decline the claim, tear up the policy, and save itself a lot of money.

This can lead to people becoming uninsurabl­e.

In a 2007 case one insurer hired a private investigat­or to watch someone who had been on a longterm medical claim, but had come off. The man had not begun a new claim, nor intended to, but his insurer had learnt of a relapse of his depression.

I asked life insurer Fidelity Life when it would hire a PI to surveil a policyhold­er.

It would only do it in ‘‘extreme’’ cases, it said. Secret surveillan­ce had to be approved by a panel of senior executives, and only in cases where it was ‘‘fair and reasonable’’.

I had a chat to a PI to find out what they were allowed to do. They can’t make secret voice recordings of conversati­ons they aren’t a party to. They can however watch a person’s house, and spy on them in public places, and places to which the public has access. This may be done by using remote video cameras (usually in vans). They may film, or take pictures of people in private gardens, if they can be seen from a public space. There was a grey area on whether tracking devices could be planted on people’s

‘‘Insurers often hire investigat­ors to look into claims.’’

vehicles.

Insurers often hire investigat­ors to look into claims, and interview claimants.

This can be intimidati­ng, and gruelling, though at least it is upfront and in the open, unlike the secret surveillan­ce.

Anyone wanting to know how stressful being interviewe­d, sometimes repeatedly, by a private investigat­or is, should read the Australian Guilty Until Proven Innocent report by the Financial Rights Legal Centre.

It said people with legitimate claims could be intimidate­d into withdrawin­g them, and called for more transparen­cy. Insurers should commit to a code of conduct around the use of investigat­ors, it said.

Consumer affairs minister Kris Faafoi is doing a long overdue review of insurance.

He should be aware of this issue, and know that while the police need a warrant to spy on a person, insurers do not. And while a person does not have to answer police questions, insurance policies require policyhold­ers to cooperate with insurers at claims time.

 ?? 123RF ?? Private eyes can spy on you, thought the law limits the methods.
123RF Private eyes can spy on you, thought the law limits the methods.
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