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3 Eur. J. on Crim. Pol'y & Rsch. 5 (1995)

handle is hein.journals/eurjcpr3 and id is 1 raw text is: Editorial
Insurance is at the heart of modern society. Franeois Ewald, theorizing
on this statement, speaks of'l'dtat providence': the welfare state that has
developed on the basis of insurance techniques: the calculation of risks;
spreading the risk; capitalizing harm. In tandem with insurance
techniques a prevention policy is developed in terms of reducing risks of
abuse and fraud. The central position of insurance makes it a matter of
common interest, based on distributive justice, which aims 'to insure a
degree of equality between individuals deemed constituents of a whole'
(see Bacher, in this issue).
These general remarks on the importance of insurance for modern
society make it understandable why insurance is of major concern to
criminal justice. Insurance may be at the heart of modern society, but at
the same time it is most vulnerable to abuse and fraud. Insurance
contracts are sanctioned by private law, but abuse has a moral impact as
well. Insurance fraud has no single victim, but the philosophy behind
insurance is undermined by it in a serious way.
For this matter it can be seen as a major problem that insurance
companies tend to pass the costs of insurance fraud to policyholders in
the form of increased premiums. The police usually is not informed of
these cases of insurance fraud. Estimates of fraudulent claims vary from
five to ten percent (see Niemi in this issue). In this first issue of the third
volume of the European Journal the relationship between insurance and
criminal justice is approached in very diverse ways.
Andre Lemaitre opens this issue with an article on the relation between
insurance industry and prevention policy. From the first, insurance
companies have been directly concerned in risk reduction and
prevention (such as fire prevention). Relatively late, insurance against
theft was developed. The author explains how at the end of the seventies
prevention policies were initiated by the insurance companies in France
and Belgium. Since 1953 the Comite Europeen des Assurances is working
on, among other things, harmonization of procedures for certification of
equipment on a European level.
According to Rolf Arnold there are four ways to approach the relation
between crime and insurance: the personal, the business segment-
related, the economic and the functional approach. The functional
approach - the specific economic functions of an insurance transaction
for the individuals involved and the effects of crime in that context - is

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