My Paintings Were Stolen

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Posted on April 22, 2022 by Barry Zalma

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Lucky Ambrose was about to retire as a flight attendant with Italian International Airlines. His retirement pay would allow him to live — barely — in Barstow, California. On a layover in Rome, he found a means to retire in comfort while browsing the Vatican Art Museum.

He purchased a disposable flash camera at the souvenir shop and started snapping photographs of works of art in the museum. Of the twelve pictures he took two came out relatively clear, marred only by a blotch of white from the flash reflecting off the oils. They were pictures called:

“San Giorgio Che Occide Il Drago,”

Paris Bordone’s 1525 painting of St. George slaying the dragon, and

“Madonna Della Pera,” painted by Alessandro Buonvicino, known as Moretto Diana Brescia, in 1505.

Ambrose reported a burglary at his Barstow home and made claim for $555,000. Good Neighbor Insurance Company faced with a claimed loss of two Italian Renaissance paintings stolen from the bedroom of his California ranch house thought they had no choice but to pay the amount of the policy.

They were only suspicious since the claim contained multiple red flags of fraud, like:

The loss was within three weeks of the issuance of the policy;

There was no written evidence that the items were purchased by the insured;

The items were unusual and hard to market while his T.V., VCR and Stereo system were still in the house after the burglary; and

The only proof of ownership Ambrose offered when he insured the works were the two amateurish snapshots of the paintings.

Suspicions and red flags are not enough to deny a claim. Lucky Ambrose was paid what he asked and signed a subrogation and salvage agreement assigning all of his rights to the paintings to the insurance company.

The insurance agent who visited Ambrose’s house in Barstow testified he believed Ambrose when he was told that the paintings were inside the crates. “We are in a business of utmost good faith,” he said. “Why shouldn’t I believe him? He had paid his premiums regularly for the last five years.”

“If (the agent) had any questions about it, if he didn’t feel that everything was in line before he issued the insurance, we would have taken whatever steps needed to ensure it was genuine,” a Good Neighbor Spokesman testified. The Good Neighbor Spokesman also testified that when the paintings were reported stolen only three weeks after the policy was issued, they “had suspicions … but having no proof or anything to base an assumption that something was wrong, we had to go ahead and pay the claim.”

The jury returned a verdict in favor of Good Neighbor for the amount paid, interest at the legal rate, and attorneys fees.

The state of California investigated whether to arrest Ambrose but emulated the actions of the U.S. Attorney. He could go have gone to jail. His retirement plans could have been destroyed by an Italian cop who knows art better than the agents, underwriters and claims people at Good Neighbor Insurance Company.

He sold his house in Barstow and moved to Boise, Idaho before the state of California and the U.S. Attorney had time to change their mind. He now lives a quiet, and honest, life on his retirement pay in Boise and is trying to get used to snow in the winter.
ZALMA OPINION

Even a well trained, experienced fraud investigator, when saving some money for the insurer cannot help convince a prosecutor that a case can be proved of fraud beyond a reasonable doubt. To a prosecutor it is easier to convict a person accused of a violent crime against an innocent person with a three page police report rather than a detailed investigation establishing that a person is trying to steal from an insurance company.

(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected].

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