Abstract:
Non-life insurance business is a specific business relating to rotation of large volume benefits to many parties. Such benefits are important attraction for creating fraud by relying of non-life insurance agreement as a tool. Although, there are many forms of committing the offence, there is description of definition and classification of fraud in non-life insurance in three types; those are internal fraud, external fraud and intermediary fraud. Those types of fraud are cheating to illegally acquire undue property or other benefits from non-life insurance business. In foreign countries, the importance of non-life insurance fraud has been realized that this type of crime has broad affect. Therefore, I would like to propose guideline or measure, specifically, to solve problem of non-life insurance fraud. Either International Associations of Insurance Supervisors, which issues Guidelines paper on preventing, detecting and remedying insurance fraud or Coalition Against Insurance Fraud, which issues Model Insurance Fraud Act and Model Insurance Fraud Bureau Act has caused all states in the United States of America to have the law, which treats Insurance Fraud as specific crime. The Peoples Republic of China has realized the importance of this type of crime and has promulgated Insurance Law and Criminal Law, which has specific provision, which prescribes appropriate offence and punishment for Insurance Fraud. However, in Thailand, although there is specific provision, which can be enforced for Insurance Fraud, that is Penal Code Section 347 or the Act on Protection of Victim of Road Accident B.E.2535, Section 45, but such provisions have limited factor for the offence. They cannot be enforced for certain forms of non-life insurance fraud, so that there must be enforcement of other law or general law for this specific type of crime, which results in non-enforceability or enforceability, but it causes unsuitability in many respects. This thesis has aim in studying problems of fraud in non-life insurance business of Thailand in order to find out the problem in enforcing the law by comparing with concept and measures of others countries as guideline. It is also to find out that how specific provision covering non-life insurance fraud can create efficiency in enforcing the law and how it benefits. The study and research have found that Thailand should have specific provision to be enforced for non-life insurance fraud, which covers enforcement for three types of fraud by combining in one law so that enforcement of law concerning this matter shall be more efficient.