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JPEsq
JPEsq, Attorney
Category: Business Law
Satisfied Customers: 5106
Experience:  Experience as both in-house and outside counsel in general business and transactional law
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Florida auto ins. actually-I filed a claim with my ins. for

Customer Question

Florida auto ins. actually-I filed a claim with my ins. for a missing/stolen/dismantled 1927 chevrolet. I took the car to have it restored and reassembled. Man moved many times, changed phone #s, etc. finally told me where the car was, but it was not there. He is out of state now and not answering calls. Ins. Co. says they will not cover the loss/theft, since I cannot tell them the exact date it was stolen (covered with them since Nov/2009)they say my prior co. should cover the loss and have been rude and nasty during the ordeal. Since they accepted the risk when I paid my premiums, are they not responsible, even though no exact date of loss can be given?
Submitted: 7 years ago.
Category: Business Law
Expert:  JPEsq replied 7 years ago.

They are not responsible for a car that might have been stolen before the coverage began... In that sense, they did not accept that risk. If you listed the car on the insurance, and it was already stolen, this is your mistake. There is not an insurance company in the world that will pay for a car that was missing before the coverage period began.

 

That said, if the car was merely "in the shop" as far you knew at the time the coverage began, and only later did you realize it was never coming back, they should cover it.

 

I understand their issue. They want to know whether the car was missing at the time you insured it. If you don't know, I would say the date that he told you it was going to be somewhere, and it was not there, should work.

 

You might have to sue them. It is common for insurance companies to deny their own customer's claims. But when you sue them, they often give in and pay, because they can face hefty penalties for failing to pay.

 

If the car had any value, you should not have a problem getting a lawyer to handle it for a contingency.

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Customer: replied 7 years ago.
The car is insured for $21,000.00 The broker now says the case is referred back to the prior insurance co. to investigate, since it was covered with them since 2007. IF the first also refuses to pay then I will have to sue. I would rather have the car back for sentimental reasons (owned since 1972) and was restoring as a gift for my daughter and granddaughter.
Expert:  JPEsq replied 7 years ago.
Yeah, you definately want to try that company first... but they are likely going to say the same thing... that the new company should pay. So you will have to sue them both. For $21,000, you should be able to find a lawyer easily