It doesn't mean that it can immediately be dismissed, but you can certainly take into account prior or perceived behaviour of a party when making a claim, espec

It doesn't mean that it can immediately be dismissed, but you can certainly take into account prior or perceived behaviour of a party when making a claim, especially if they have strong economic motive to deceive you. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691641 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691641