The Car Collector
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The Desire for an Antique Vehicle
Albert Reiche had a passion for old cars. Since the trust fund set up by his maternal grandparents provided him income of $3,000,000 a year, Albert never took a job.
He began to collect cars when he turned twenty-one in 1960. He started with a 1924 Model A Ford. As the years passed, he purchased and restored for his collection an Auburn, two Duesenberg J’s, a 1928 Cadillac touring car, a 1918 Dailmer, a Willy’s J, a 1934 Packard limousine, a 1924 Bentley, and many other classic automobiles. He kept his cars in a climate-controlled warehouse.Albert Reiche had a passion for old cars. Since the trust fund set up by his maternal grandparents provided him income of $3,000,000 a year, Albert never took a job.
He began to collect cars when he turned twenty-one in 1960. He started with a 1924 Model A Ford. As the years passed, he purchased and restored for his collection an Auburn, two Duesenberg J’s, a 1928 Cadillac touring car, a 1918 Dailmer, a Willy’s J, a 1934 Packard limousine, a 1924 Bentley, and many other classic automobiles. He kept his cars in a climate-controlled warehouse.
By the time Albert turned fifty, he was the proud owner of seventy-five classic automobiles. Albert had restored all of the automobiles to a pristine, new car showroom, condition. To Albert they were priceless. Albert would never consider selling. Estimates by car buffs had valued his collection at $90,000,000 to $125,000,000. He insured the collection with a gaggle of British insurance companies with a limit of $80,000,000.
Everyday Albert would spend time with his cars. He dusted, waxed and caressed each car. He manufactured, in his own machine shop, the parts he could not buy for his cars to keep them in new-car condition.
Two months later Albert faced incurable temptation and frustration. One of his sources informed him that the third Dailmer motor car ever manufactured was for sale for $6,000,000. It would be the cap stone of his collection. Old man Harrah would roll over in his grave to know that Albert had an automobile that put in shadow all of Harrah’s collection.
Albert did not have $6,000,000 in ready cash. His trust fund was set up so that he could not tap into the capital, but only accept the income derived from that capital. He only had a million dollars in ready cash and needed to raise another five. The seller would never reduce his demand since he knew the Dailmer was unique. Albert could not bring himself to sell any of his collection. He was desperate. Then he remembered that his trustee had required him to purchase insurance to protect his collection.
Albert, had to have the Dailmer.
Albert had a brilliant plan. He had his two Duesenbergs, a Cord, an Auburn and three Packards moved to his farm in Connecticut. He then broke the lock on his storage facility with a tire iron from a 1957 Chevy and reported that he had been the victim of a burglary. The police officers, totally blinded by the beauty of the collection, took his report and expressed honest sympathy for his loss. Shortly after that, his insurance adjuster visited Albert who confirmed the forcible entry into the storage facility; that the value of the vehicles exceeded the amounts stated on the policy by at least $3,000,000, and recommended to the insurers that they immediately accept the proof of loss for $6,540,000 (the stated value of the vehicles). The insurer agreed, happily noting they could have lost much more if the burglars had taken more vehicles.
Albert bought the Dailmer, which is now the pride of his collection. Since Albert was never a criminal, as the years passed and the income from his trust funds allowed, he would move one vehicle at a time from the Connecticut farm and deposit them on the streets in various communities throughout the Northeast. The police would eventually be called, trace the vehicle back to Albert, who would gladly retake possession. Since Albert had transferred title to the vehicles to his insurers upon the payment of the claim, Albert paid the insurer back the exact sum the insurer had paid him for the vehicle. Eventually, Albert recovered all of the cars he reported stolen. The insurer received back all the monies they paid in settlement. Albert’s collection was complete. No one thought they were hurt by the crime.
Albert lived happily ever after.
ZALMA OPINION
Insurance is not a bucket of money for whatever the insured desires. It is a promise to indemnify another against the risk of loss of property from a contingent or unknown event, not a means to fund the purchase of an antique automobile.
(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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Concealing a Weapon Used in a Murder is an Intentional & Criminal Act
Post 5002
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In Howard I. Rosenberg; Kimberly L. Rosenberg v. Chubb Indemnity Insurance Company Howard I. Rosenberg; Kimberly L. Rosenberg; Kimberly L. Rosenberg; Howard I. Rosenberg v. Hudson Insurance Company, No. 22-3275, United States Court of Appeals, Third Circuit (February 11, 2025) the Third Circuit resolved whether the insurers owed a defense for murder and acts performed to hide the fact of a murder and the murder weapon.
FACTUAL BACKGROUND
Adam Rosenberg and Christian Moore-Rouse befriended one another while they were students at the Community College of Allegheny County. On December 21, 2019, however, while at his parents’ house, Adam shot twenty-two-year-old Christian in the back of the head with a nine-millimeter Ruger SR9C handgun. Adam then dragged...
Renewal Notices Sent Electronically Are Legal, Approved by the State and Effective
Post 5000
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Washington state law allows insurers to deliver insurance notices and documents electronically if the party has affirmatively consented to that method of delivery and has not withdrawn the consent. The Plaintiffs argued that the terms and conditions statement was not “conspicuous” because it was hidden behind a hyperlink included in a single line of small text. The court found that the statement was sufficiently conspicuous as it was bolded and set off from the surrounding text in bright blue text.
In James Hughes et al. v. American Strategic Insurance Corp et al., No. 3:24-cv-05114-DGE, United States District Court (February 14, 2025) the USDC resolved the dispute.
The court’s reasoning focused on two main points:
1 whether the ...
Rescission in Michigan Requires Preprocurement Fraud
Post 4999
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Lie About Where Vehicle Was Garaged After Policy Inception Not Basis for Rescission
This appeal turns on whether fraud occurred in relation to an April 26, 2018 renewal contract for a policy of insurance under the no-fault act issued by plaintiff, Encompass Indemnity Company (“Encompass”).
In Samuel Tourkow, by David Tourkow v. Michael Thomas Fox, and Sweet Insurance Agency, formerly known as Verbiest Insurance Agency, Inc., Third-Party Defendant-Appellee. Encompass Indemnity Company, et al, Nos. 367494, 367512, Court of Appeals of Michigan (February 12, 2025) resolved the claims.
The plaintiff, Encompass Indemnity Company, issued a no-fault insurance policy to Jon and Joyce Fox, with Michael Fox added as an additional insured. The dispute centers on whether fraud occurred in...
Insurance Fraud Leads to Violent Crime
Post 4990
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CRIMINAL CONDUCT NEVER GETS BETTER
In The People v. Dennis Lee Givens, B330497, California Court of Appeals, Second District, Eighth Division (February 3, 2025) Givens appealed to reverse his conviction for human trafficking and sought an order for a new trial.
FACTS
In September 2020, Givens matched with J.C. on the dating app “Tagged.” J.C., who was 20 years old at the time, had known Givens since childhood because their mothers were best friends. After matching, J.C. and Givens saw each other daily, and J.C. began working as a prostitute under Givens’s direction.
Givens set quotas for J.C., took her earnings, and threatened her when she failed to meet his demands. In February 2022, J.C. confided in her mother who then contacted the Los Angeles Police Department. The police ...
Police Officer’s Involvement in Insurance Fraud Results in Jail
Post 4989
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Von Harris was convicted of bribery, forgery, and insurance fraud. He appealed his conviction and sentence. His appeal was denied, and the Court of Appeals upheld the conviction.
In State Of Ohio v. Von Harris, 2025-Ohio-279, No. 113618, Court of Appeals of Ohio, Eighth District (January 30, 2025) the Court of Appeals affirmed the conviction.
FACTUAL BACKGROUND
On January 23, 2024, the trial court sentenced Harris. The trial court sentenced Harris to six months in the county jail on Count 15; 12 months in prison on Counts 6, 8, 11, and 13; and 24 months in prison on Counts 5 and 10, with all counts running concurrent to one another for a total of 24 months in prison. The jury found Harris guilty based on his involvement in facilitating payments to an East Cleveland ...
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To Dispute an Arbitration Finding Party Must File Dispute Within 20 Days
Post 4988
EXCUSABLE NEGLECT SUFFICIENT TO DISPUTE ARBITRATION LATE
In Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, No. 4D2023-2720, Florida Court of Appeals, Fourth District (January 22, 2025) the Housens appealed a final judgment in their breach of contract action.
FACTS
The Housens filed an insurance claim with Universal, which was denied, leading them to file a breach of contract action. The parties agreed to non-binding arbitration which resulted in an award not
favorable to the Housens. However, the Housens failed to file a notice of rejection of the arbitration decision within the required 20 days. Instead, they filed a motion for a new trial 29 days after the arbitrator’s decision, citing a clerical error for the delay.
The circuit court ...
