Re: The grey area when your boat gets stolen !!!
Maybe I'm naive but it's amazing to me how you can be paying them all these money for the monthly premium for years and years and when you need them they stick it you...
It's really disappointing...I shouldn't have to get a lawyer to collect what's rightfully mine...
On a positive note, you guys have been wonderful and very helpful. I appreciate all the kind words and all your support thru all of this.
Insurance companies are in it for the money, like any other business. They hate to put money out but love to take money in.
Unfortunately its starting to look like you might have to fight for what is yours.
I would look into what they would need to prove or to just claim that you staged the theft, it may be a matter of state law which requires them to prove such actions in a court of law or simply beyond a shadow of a doubt.
If they can't prove for a fact that the theft was staged, they might not have a choice but to pay. That may be something a lawyer in your state might need to check on.
I still don't like the part about disclosing personal info to who knows which employees of an insurance company. It also sounds like their terms might be a bit loosely worded when the say you must cooperate fully.
I totally agree with post #99, that pretty much says it all.
I'm not one to look for a fight but I think this one might have found you.
You may very well be hurting any future chances of getting paid if you offer any information or make any wrong statements which can be used against you later in court. For these reasons, I'd make sure I had a good lawyer I could trust. We are talking about too much money to gamble at this point.
A good lawyer can be worth his weight in gold when up against a big insurance company. Often it's just the knowledge that a reputable attorney is involved which gets a settlement paid. Insurance companies are all about cutting their losses. Getting sued in the end and ending up paying court costs and storage fees after the fact aren't usually a gamble they will take if the odds don't look stacked in their favor.
What it amounts to is there are two ways of looking at this, they will see the refusal of you to release your personal information as you trying to hide something, and make their case on it and with any additional information they eventually get access too. (Be careful how you word any statements made to them. ....Yet on your part, this is personal information of which no judge would ever recommend be released carelessly, especially in this day and age of identity theft. The bottom line is that they will end up having to prove in court that you staged the theft, most likely that would mean finding someone who would collaborate that scenario, (As in the person who stole your boat implicating you). One key in the release of the information and its legality will be in the wording of their terms of the insurance contract where they state you must cooperate fully. This can depend on how a judge reads this clause in the contract and what he feels is the limit of such a statement to be. A good lawyer may be able to make this point better to a judge than you or I could.
Their accusing you of such an act without merit would also open them to other legal action on your part after the fact provided you prevail in forcing them to make good on the policy.
All of this will cost money, since it's not a liability claim, most lawyers will require payment for such a case since there's no cash settlement involved. You may be able to find an attorney who will take a later suit to recover other costs or damages for a percentage of the final settlement but I doubt the right lawyer for the case will work this way.
I am not a lawyer or in the legal profession, but have enough experience in business to recognize a problem when I see one.
Your at a point where you need to make a decision on what to do, that decision may affect the outcome in the end and determine whether or not your have a case if they refuse the claim.
Also note: A low bank total would not be as incriminating in this situation as say any past insurance claims of the same type or any past criminal charges.
They could certainly try to build a case against your character as well to try to prove the likelihood of you committing insurance fraud. I am buy no means insinuating this is the case, only that they will most likely try to do so if there's any chance it will help their case.
Keep in mind that you have to hire an attorney, they most likely employ many on full time retainer, so their legal fees are minimal compared to the cost of paying your claim.
