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Insurance Company's Right of Claim? (Read 4827 times)
EwanR
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Insurance Company's Right of Claim?
Mar 19th, 2007 at 8:20pm
 
Hi All

Just posing this question to pre-empt any problems and so I know where I stand.

My partner put a new gold plated watch she had bought me in to a shop to be engraved. In the process they rubbed the gold plating off the back, case and strap to the extent that it looked as if it had about 30 years wear.

She complained to the shop who - without hesitation said they would claim against their insurance for a replacement.

The watch was left with the shop as the owner claimed it would have to be available to show assessor (fair enough I suppose).

In anticipating that when we get the replacement, he may claim that the watch is the property of the insurance company (even if it isnt) and retain it himself.

Am I right in thinking neither he nor his insurance comapny have any claim of title to the damaged watch? The watch is still my partner's property?

Thanks in advance.

ER
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EwanR
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Re: Insurance Company's Right of Claim?
Reply #1 - Mar 31st, 2007 at 1:43am
 
Has no one here got a legal opinion on this?  Lips Sealed

ER
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grumpy
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Re: Insurance Company's Right of Claim?
Reply #2 - Apr 3rd, 2007 at 10:36am
 
If the insurance co pay out the full value they will have right to retain title to the watch. Doubt if they would bother if you asked for it back though. Check that the shop have indeed made a claim and aren't stalling in the hope you forget all about it.
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EwanR
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Re: Insurance Company's Right of Claim?
Reply #3 - Apr 3rd, 2007 at 9:06pm
 
Grumpy

Thanks for the reply. The engraver has obtained a new watch and it will be collected shortly. Can but ask about the original!

ER
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