Questão jurídica principal
Whether the appellant's conduct fulfilled fraud under Art. 146(1) SCC despite alleged negligence by the insurers.
Decisão extraída
The appellant used astute deception; the insurers' conduct did not amount to such contributory negligence as to negate astuteness.
Fundamentação extraída
He created a convincing false scenario, had an alibi, and exploited a long-standing trust relationship. The insurers investigated, obtained expert reports, and paid only after inquiries were concluded; the criminal investigation was initially against unknown persons, and the contractual clause invoked did not allow refusal of payment in these circumstances.