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 Posted: Thu May 28, 2009 4:49 am Post subject: |
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One more thing...
From what I understand Steven the CM was stating his own theory on the loss in that he is aware of all the drug trafficking, etc. going on in the west and close to border towns so I believe he was just "thinking out loud" regarding his perspective on the loss. He did not go as far as to make an accusation as then he would have to report fraud to the our state AG's office and I do not believe he wanted to take it that far. |
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daystar
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| Posted: Thu May 28, 2009 4:53 am Post subject: |
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And one more thing (sorry...it is late and I'm tired)
Yes Lori, this is a standard auto policy. I will scan the exclusion and see if I can post it here tomorrow. |
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daystar
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| Posted: Thu May 28, 2009 10:23 am Post subject: |
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Thanks daystar...would love to see that...of course you know that a commercial policy (ie dealership claim you sourced) has different wording that personal policy....
I agree quite an interesting claim, or more specifically interesting policy wording..."If" the premissive use driver caused damage to the ins vehicle during the commission of a crime...(fleeing) I can understand that...but from what I'm understanding from your claim...the carrier does not know that, nor was that the basis of their denial (correct?)...very interesting my dear 'watson' very interesting. 
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Lori
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| Posted: Thu May 28, 2009 1:31 pm Post subject: |
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This one could get real interesting if INS has impounded the truck. Lots of nasty little creatures lurking in the woodpile, including the exclusions for transporting for hire, and the possibility of a liability claim.
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flint
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| Posted: Thu May 28, 2009 2:22 pm Post subject: |
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Yo, daystar, the U.S. Border Patrol maintains a weekly blotter of their activities (Google cbp weekly.) It's quite detailed, and current through 5/27. If you've got a date and place, you might find your situation. Sure hope that truck wasn't a 98 Dodge.
Just can't resist trying to play Columbo, sometimes, heh.
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flint
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| Posted: Fri May 29, 2009 3:19 am Post subject: |
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The file was going through closing today but I'll get it out of the cabinet tomorrow and get the policy language scanned and posted. Yup, that was a commercial policy I quoted but I could not find anything close to a private auto policy. I am going to keep searching though.
It is really quite interesting and as flint aka Columbo (lol) stated it could be even more interesting once we find out about the truck. I'll bet there are nasty little critters lurking in that woodpile! (Along with exclusions for transporting for hire amongst other things)
Thanks for the site flint...I really appreciate that and will check it out to see if I can locate the vehicle. Very helpful to know about this. The vehicle is a 91 Ford. Columbo and Watson....I used to have a cocker spaniel named Watson.  You all are pretty young but I remember an old TV show called "Longstreet" about a blind insurance adjuster. Loved it! Richard Chamberlain played Longstreet.
More tomorrow! I also have a new file assigned today in which I am totally amazed at the handling of the claim. I won't even go into it but it is another wierd one about a possible stolen vehicle and when I say oossibly stolen I mean it. I was speechless after reviewing the file. Talk about a total slam dunk in small claims.
Thanks again everyone. |
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daystar
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| Posted: Sat May 30, 2009 6:18 am Post subject: |
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Hi Daystar,
Initially, I had a feeling that the friend and his wife might have met with an accident..but now things are getting clearer with your explanation..
| Quote: | | He did not go as far as to make an accusation as then he would have to report fraud to the our state AG's office and I do not believe he wanted to take it that far. |
Yes, that's probably the reason why he quickly denied when you inquired about his suspecting the insured.
| Quote: | | I was searching through my own auto policy and I finally found language that actually sounds very similar to the False Pretenses Exclusion only worded in a more "gentle" context. |
Is it just the words that seem harsh or was there a harsh point that was missing in your policy?
| Quote: | | Yup, that was a commercial policy I quoted but I could not find anything close to a private auto policy. |
Is it really different than a private policy?
Steven |
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steven
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| Posted: Sat May 30, 2009 3:50 pm Post subject: |
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Hi Steven,
I had the same feeling also. I thought perhaps an accident had occurred. Thankfully that did not happen. There is still much ambiguity surrounding this claim but I am not able to force the company to do much more in the way of investigation due to that darn exclusion!
Yes, the CM was rather quick to backtrack his comment on fraud. He did not want to go there however if one suspects fraud it is their duty to report their suspicions to the proper agency per our state statute regarding fraud.
I don't like the wording of the exclusion but that is my personal opinion and I'm sure the company could less what I think. lol. My supervisor just laughed when I said "I don't like the wording."
The garagekeepers liability policy language pertaining to the False Pretense Exclusion has a much more thorough and lengthy explanation but when it comes down to it, the message is still the same. Claim Denied!
I scanned the policy exclusion to my home email address but I cannot seem to copy and paste it here due to the format of the document not allowing me to do so. I will find another way to post it. |
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daystar
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| Posted: Sat May 30, 2009 4:06 pm Post subject: |
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Daystar, you sure the covered vehicle isn't a tow truck? Best case scenario, the Border Patrol just pulled it over because it had been reported stolen.
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flint
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| Posted: Sat May 30, 2009 5:06 pm Post subject: |
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Hi Flint,
I wish it was just a tow truck...would have made things more easier and understandable but it is a 1991 Ford F150 PU. I really feel bad for the insured as they are nice people. |
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daystar
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| Posted: Sun May 31, 2009 11:28 am Post subject: |
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| Quote: | | I will find another way to post it. |
I've had this trouble too, what I've done in the past, is copy it and paste to an email (from my 'work computer) sending it to my home computer, then I can copy and paste it where ever I want...might work..
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun May 31, 2009 11:14 pm Post subject: |
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| Thanks Lori. I will try that tomorrow from work. I had scanned the document and it won't let me copy and paste. |
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daystar
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| Posted: Mon Jun 01, 2009 6:17 am Post subject: |
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| Quote: | | Thanks Lori. I will try that tomorrow from work. I had scanned the document and it won't let me copy and paste. |
You may then add it as an attachment to the mail. You can post the same as image to your posts here. I thin it'd work this way if the doc isn't not allowing you to copy paste the content from it.
I'd love to read more about this 'exclusion'.
~Jeremy |
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JeremyHolter
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| Posted: Tue Jun 02, 2009 4:22 am Post subject: |
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Thanks Jeremy. I will try that tomorrow as I had no luck today trying to copy and paste it. Something about the format won't let me copy and paste the darn thing.
Maybe I will request the CM to send me a complete copy of the auto policy booklet via US mail. That may be the easiest way to get this info on the site. |
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daystar
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