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8Likes
07-11-2013, 10:23 PM
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Senior Club Cobra Member
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Join Date: Jan 1999
Location: MARKSVILLE,LA.,,
Posts: 3,235
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Not Ranked
Chas: thanks for the kind words......I know I'm prejudice on this subject because it is my livelihood, but you would not believe the mis-information out there concerning insurance policies and the big bad insurance companies, not to mention dishonest policy holders!!!!!!!!
here is another real good story,happened 3 weeks ago:
I'm at a body repair shop looking at a damaged vehicle,while in the parking lot a guy gets in a burnt orange,ugly ass vehicle and as he's backing out,he cuts too sharp bangs up the passenger fender and both passenger doors on one of those short yellow parking post, I'm 30 feet away and witnessed the whole thing........well,$hit happens and he gets out looks it over,jumps back in and leaves......
2 days later I get a claim on a burnt orange ugly assed vehicle,location,the same body shop,so I go to see it,thinking it can not be the same vehicle...first things first, I check the VIN and sho nuff, it's the same vehicle I saw hit the yellow parking post 2 days before,BTW,it's 3:00 pm,remember the time .....
Paper work says and I quote: "parked,unoccupided car hit by unkown person that left the scene".........so the shop owner comes out and we're both going over the car,he tells me he is going to need 2 OEM new doors to do the job right it, I told him those doors could easily be repaired, they were not that bad, but because the car is 3 years old, I'll give him the benefit of the doubt and spring for 2 new OEM doors...Then I ask who the owner of the vehicle is, he tells me it is one of his employees and I ask to speak to him,so he goes and gets the guy...I introduce myself and we begin going over the upcoming repairs and his deductible ($500.00), I politely ask him "what happened"?? he said his wife had the car and was at the grocery store and came out and found it like that, okee dokee, I'm just a dumb Cajun from Louisiana, but damn, I'm not quite THAT stupid... Politely I tell him I WITNESSED the accident personally in this very same parking lot with YOU driving the car 2 days ago, he was dumb founded and I asked why did he lie when he filed the claim/police report, he said he didn't want his rates to go up!!(that's another story for another day)!!! I told him by lying on the claim as well as the police report,that was grounds for denying the claim (read most any policy,giving false info on a claim is grounds for denial)as well as giving false info on a police report IS INSURANCE FRAUD........
He didn't know what to say.......
But wait,it only gets better!!!!!!!!!!!!!
The very next morning I'm on my way to the office,about 8:30 am,I pass in front of the shop as I do most mornings and guess what I see, the very same burnt orange ugly ass car parked outside with the front fender as well as BOTH doors already repaired and under primer,they were wet sanding it getting it ready for the paint booth!!!!!!!!!!!
I couldn't take it, so I pulled in and summoned the shop owner,questioned him on how he could have ordered 2 new doors and got them in and installed them and had them under primer since 3:00 pm the day before???? he didn't know what to say,except the doors were not as bad as he thought and so they went ahead and repaired them, but he assured me he was planning to call me and let me know so I could "adjust" the estimate to reflect that....YEA RIGHT and I have this bridge over the Mississippi River for sale also........So I told him I was going to re-write my estimate and they would be paid for the work they did and that was all they would get,he began complaining about not being able to make a living with those damn insurance companies breathing down his neck.... I told him the alternative was for me to inform the local police of the false info on the report and the state police of the insurance fraud he was committing with the repairs, all of a sudden he got real co-operative!!!!!!!!!!!!! gee, I wonder why...........
And I'M the bad guy here!!!!!!!!!!!!!! according the shop and the vehicle owner!!!!!!
And people wonder why I smoke and drink!!!!!!!!!!
Just a few more years to retirement and I'm really looking forward to it!!!!!!
David
__________________
DAVID GAGNARD
Last edited by DAVID GAGNARD; 07-11-2013 at 10:30 PM..
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07-12-2013, 05:49 AM
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Half-Ass Member
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Join Date: Jun 2005
Cobra Make, Engine: ERA #732, 428FE (447 CID), TKO600, Solid Flat Tappet Cam, Tons of Aluminum
Posts: 22,011
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Not Ranked
Quote:
Originally Posted by ERA Chas
... but he prefers being a horse's ass here.
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Ya know Chas, for a cranky old fart, you just seem to be getting crankier, and smellier, every year.
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07-12-2013, 06:17 AM
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CC Member
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Join Date: Oct 2003
Posts: 4,078
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Not Ranked
Quote:
Originally Posted by patrickt
Ya know Chas, for a cranky old fart, you just seem to be getting crankier, and smellier, every year.
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See what I mean?
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Chas.
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07-12-2013, 07:03 AM
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Banned
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Join Date: Dec 2002
Location: New Jersey,
N.J
Cobra Make, Engine: Shelby Cobra CSX4206 aluminum body, original 1965 NASCAR 427 SO, Dual quads.
Posts: 3,897
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Not Ranked
ERAChase: Correct. Well put.
I looked through our collection of Auto Insurance books and treatises in the office and didn't see any authored by Patrickt. I'll look again. I'm sure I must have missed it.
I am not professing to be an expert on auto insurance coverage. There are lawyers that actually specialize in Insurance coverage law and coverage litigation. There are auto insurance treatises that deal with the issue of coverage questions as unlike Patrickt we all can't just read the simple little policy and devine all coverage issues and the answers.
Policies are not simple contracts, at least not to me and I have been dealing with insurance companies and claims for 27 years. Policies differ in coverage from company to company in some respects, there are riders and endorsements. Policy regulations may affect coverage. Policy coverage and requirements differ from State to State. Judicial policy interpretation and precedent differs from State to State. For most mortals and even lawyers this can present complicated coverage questions but fortunately I know where I can turn for my answers now. I'll just PM Patrickt my question and a concise simple answer will be forthcoming.
It's not the tire damage and replacement I'm worried about. It's the more extensive damage to my Shelby and more importantly the potential medical bills and injury claims that often come with an accident that would keep me up at night.
I can't speak for other States but in NJ if there is an exclusion and it's clear and conspicuous that will control. The court will not rewrite a better policy for you. However, there is case law in NJ that language needs to be conspicuous and clear.
So here we go..Lets use Patrict's little "trap" as an example....Patrickt, please tell us just how small is that print Patrict in your "Stupid Ass" Cobra Replica and "funky" non DOT tire exclusion and just where is it placed in the policy.?
Also, is there a definition of "Stupid ass" Cobra replica or "funky" non DOT tires in the policy? Bill Boards are really cool and not funky... thats my interpretation.
Since my Cobra is #1 not a "replica" of a Cobra but is a Cobra (I do have THE authoritative source to prove that) and #2 is without question not a "stupid ass" my position is that your little exclusion clearly doesn't apply to me no matter where it was placed and how big the print. However.....you may have a problem my friend as it clearly seems to apply to you since you do have a "replica" according to the most authoritative source on the subject and having two roll bars gives the carrier a leg up on the "Stupid Ass" requirement also. LOL
I'm sure you covered this issue in your insurance treatise though. You did write a Auto Insurance Treatise didn't you????
__________________
U.S. Army Rangers. Leading travel agents to Allah.
Last edited by REAL 1; 07-12-2013 at 07:30 AM..
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07-12-2013, 07:19 AM
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Senile Club Cobra Member
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Join Date: Feb 2001
Location: Buffalo, NY USA,
NY
Cobra Make, Engine: Superformance
Posts: 4,543
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Not Ranked
Didn't you see that commercial Patrickt was in? "I'm not a lawyer, but I play one on ClubCobra!"
I had a customer yesterday that asked for Billboards on a chassis. I told him the pros and cons and said we could not install them but he was welcome to do so if he so desired.
Risk and reward. As Clint said "Do you feel lucky? Well do you (punk)?"
__________________
"I'm high all right, but on the real thing....powerful gasoline and a clean windshield..."
rick@autoventureusa.net
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07-12-2013, 09:08 AM
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Half-Ass Member
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Join Date: Jun 2005
Cobra Make, Engine: ERA #732, 428FE (447 CID), TKO600, Solid Flat Tappet Cam, Tons of Aluminum
Posts: 22,011
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Not Ranked
A Kinder, Gentler patrickt...
Alright, I'll play nice and maybe Chas, Evan, and MarkIV will take it easy on me. If there is an exclusion in your policy, take for instance my Youthful Operator exclusion (which I really did have), and I get a letter from my insurance carrier that says "Yes, Patrick all your family is covered by your policy" it does NOT act to change the policy. My kids will still be excluded under the policy, meaning absolutely no coverage. There's a provision in every policy that deals with just that sort of thing, meaning a mis-communication or screw up. Errors happen all the time, insurance agents and brokers say the wrong things all the time, insurance carriers say the wrong things, too. That's why there's a provision in the policy that says that changes must be by Endorsement only. So what do I do if a horrible accident occurs, and I have something from the carrier that says "you're covered" but the policy says "you're not covered?" This happens more than you might think. And if we stop there, I will lose every time. But we won't, so we will step up to the judicial plate with two strikes against us, and swing for the fences... because we have no choice. In order to establish coverage, I'm going to have to pull out an equitable doctrine that has some pretty high hurdles and it's going to be different in different states. One of the elements of that doctrine is that I'm going to have to be "ignorant of the true facts," along with detrimental reliance, and some other stuff. What this means is that I'm going to have to say to the judge that either I, Patrickt, willfully chose not to read my policy at all (but inquired about coverage nonetheless) or, if I did read it, that I couldn't understand it." In my case, that doesn't stand a ghost of a chance. The judge will politely say "Patrick, you've been lawyering for three decades, a good chunk of that for the industry itself, and you expect to flush that crap in my court room?" Not only will I lose, I'll be lucky if he doesn't refer me to the bar's disciplinary committee. Now, take the exact same facts, and substitute G-Pete in -- he might have a chance. And there are a lot of cases where people do win, on just this type of stuff. One advantage of using an independent agent to help you place your insurance is that you can sue them if something goes horribly wrong, a mistake is made, and your back is up against the wall. They all carry Errors and Omissions coverage for just this sort of thing and they will happily try and place an Endorsement that covers you -- so they make a dollar and coverage is where it should be. But, obviously, you don't want to rely on being able to sue your agent. So, your best bet is to sit down and read your policy. You can do it. It's not that hard. Really. And look at it, and think about it. If there's a big fat exclusion that says kids under 25 years are excluded from this policy, then you buy an Endorsement from the carrier to cover that (if you're going to let your kids drive your Cobra). If someone's policy had a nice fat exclusion for Bill Board tires, non-DOT tires, or pink with polka dot tires (which it doesn't) , a letter from the carrier saying "yes, you're covered" is not going to change the policy. And depending on the facts, and the sophistication of the players, some will win, but a lot will lose. Stepping up to the judicial plate with two strikes against you always sucks. Hopefully this helps.
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07-12-2013, 10:33 AM
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CC Member
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Join Date: Nov 1999
Location: Brisbane, Australia,
Q
Cobra Make, Engine: Contemporary CCX3117 427FE
Posts: 4,381
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Not Ranked
I like the banter, AND I'm learning things about insurance as well!
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Craig
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07-12-2013, 11:41 AM
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Full Blown Member
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Join Date: Sep 2008
Cobra Make, Engine: KMP 427 S/C, Twin Paxton 511 FE
Posts: 2,594
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Not Ranked
Can we just give patrickt his own 'POINT/COUNTERPOINT' forum?
With special guests?
Maybe even cigarette ads?
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rodneym
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07-12-2013, 12:45 PM
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Senior Club Cobra Member
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Join Date: Mar 2005
Location: Manchester,
NH
Cobra Make, Engine: AK1085 (302 Street), HTM111 (427 Comp), CSX2375R (289 Comp) and COB5999 (427 S/C)
Posts: 19,030
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Not Ranked
Ok, have not read to much of this thread because its another big brother thing to me.
Try asking your insurance this:
I have a small two seat convertible w/o air bags, 600hp, pin drive wheels and it weighs about 2000lbs... Throw in you have teens in the house. LOLOL
Guessing after the laughter you will also be void of insurance...
Come on guys....
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07-12-2013, 02:32 PM
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Banned
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Join Date: Dec 2002
Location: New Jersey,
N.J
Cobra Make, Engine: Shelby Cobra CSX4206 aluminum body, original 1965 NASCAR 427 SO, Dual quads.
Posts: 3,897
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Not Ranked
Patrickt: You obviously don't read any posts except your own.
Go back and re-read my last post or as the case may be read it for the first time and you will have your answer to the main question in your last post.
__________________
U.S. Army Rangers. Leading travel agents to Allah.
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07-12-2013, 02:50 PM
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Half-Ass Member
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Join Date: Jun 2005
Cobra Make, Engine: ERA #732, 428FE (447 CID), TKO600, Solid Flat Tappet Cam, Tons of Aluminum
Posts: 22,011
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Not Ranked
Quote:
Originally Posted by REAL 1
Go back and re-read my last post or as the case may be read it for the first time and you will have your answer to the main question in your last post.
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<sigh> ... Evan, I'll just let the thread die a death with dignity.
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07-12-2013, 03:15 PM
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CC Member
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Join Date: Aug 2007
Location: Carlsbad,
Ca
Cobra Make, Engine: SPF 2932 with 438 Lykins Motorsports engine. Previous owner of FFR 5452.
Posts: 2,616
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Not Ranked
Quote:
Originally Posted by patrickt
<sigh> ... Evan, I'll just let the thread die a death with dignity.
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It's way too late for that!
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Jim
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07-12-2013, 04:39 PM
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Banned
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Join Date: Dec 2002
Location: New Jersey,
N.J
Cobra Make, Engine: Shelby Cobra CSX4206 aluminum body, original 1965 NASCAR 427 SO, Dual quads.
Posts: 3,897
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Not Ranked
:lol:
__________________
U.S. Army Rangers. Leading travel agents to Allah.
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07-12-2013, 05:31 PM
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Senile Club Cobra Member
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Join Date: Feb 2001
Location: Buffalo, NY USA,
NY
Cobra Make, Engine: Superformance
Posts: 4,543
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Not Ranked
Quote:
Originally Posted by patrickt
<sigh> ... Evan, I'll just let the thread die a death with dignity.
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Found this picture of Patrick on line.....
__________________
"I'm high all right, but on the real thing....powerful gasoline and a clean windshield..."
rick@autoventureusa.net
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07-14-2013, 12:26 AM
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Super Moderator
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Join Date: May 2001
Location: Fresno,
CA
Cobra Make, Engine: KMP 184/482ci Shelby
Posts: 14,445
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Not Ranked
Have y'all had 'nugh of this? Damn lawyers and insurance folks make me dizzy.
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Jamo
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07-14-2013, 03:44 PM
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CC Member
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Join Date: Dec 2010
Location: Allen,
TX
Cobra Make, Engine: Werk77 289FIA
Posts: 1,295
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Not Ranked
Quote:
Originally Posted by Jamo
Have y'all had 'nugh of this? Damn lawyers and insurance folks make me dizzy.
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Well, in short NO.
Dizzy?? Read this ... http://www.tirelitigation.com/html/t...ionbasics.html
__________________
Scratch build 289 FIA see the Scratch builder forum on CC - sold
DRB GT40 MK1 red #49- sold
FF5 Mk4 #7733 302/T5/IRS - dark blue - sold
FF5 MK4 #7812 427/TKO/IRS - Guardsman Blue - sold
FF5 MK4 #8414 501/TKO600/48IDA Ollie the Dragon #91 - sold
FF5 Daytona Coupe 347/TKO/IRS Homage CSX2299 Viking Blue - sold
SPF 2063
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07-14-2013, 04:24 PM
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Senior Club Cobra Member
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Join Date: May 2006
Location: Manteca,
Ca.
Cobra Make, Engine: None, sold it
Posts: 2,439
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Not Ranked
WOW, this thread sure has gone on for a long time when the answer is just a simple YES or NO.
__________________
Terry
"I may be paranoid, but that doesn't mean they are not watching me"
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07-14-2013, 05:49 PM
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Senior Club Cobra Member
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Join Date: Feb 2007
Cobra Make, Engine: KMP 539, a Ton of Aluminum
Posts: 9,591
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Not Ranked
When you get attorneys involved they always screw it up.
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