The formal investigation and adjustment of the claim in the usual manner. Clearly, the assured will need to be questioned, and the premises inspected and all this should be done (with the knowledge of the assured).
A separate investigation should also be undertaken in the country where the losses occurred, attempting to identify any witnesses who may be available, and who would be able to establish:
– the circumstances of the particular loss; and
– the state and location of hostilities at the time of the loss.
It is quite usual for many of the most helpful witnesses already to have fled the country, but, frequently, leads can be obtained if the investigation commences shortly after the loss.
The third investigation can be undertaken by the lawyer and would involve tapping all of the most obvious sources to develop a history of the conflicts in the particular locale. Clearly, diplomatic sources are useful and it is often found that the Foreign Office will co-operate in providing useful background information. Journalists and television reporters are also excellent sources of information and usually quite prepared to assist, providing they are approached in an informal fashion, the conversations are off the record and their own sources are protected. It should always be remembered that one good witness may be sufficient to establish the link between the loss and the excluded risk.
As with fraud, speed of action is vital when investigating a war risk. Circumstances change so quickly and witnesses can disappear. It is unlikely that your solicitor will be overly anxious to attend the location where the loss occurred if hostilities are still continuing. Where possible, however, he or she should be used to take statements as it is quite possible there will be only one opportunity to take a statement from a particular witness and it is crucial that every effort should be made to ensure that it is admissible at a later stage