Legal advice needed
04-04-2005, 07:35 AM
#41
Race Director
Thread Starter
Originally Posted by turtlevette
Is the area where you live or LI in general a bad area for stolen cars?
I'm thinking of driving mine down there next week and its a POS but i don't want to lose it. It may be worth something parted out.
I'm thinking of driving mine down there next week and its a POS but i don't want to lose it. It may be worth something parted out.
04-04-2005, 04:21 PM
#42
Burning Brakes
Member Since: Jul 2001
Location: Ajax Ontario
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I do work in insurance (in Canada) and am well aware that courts will interpret any ambiguity in the policy language in favour of the Insured. At least they do so here in Ontario. "In use" is a very vague term at best, with no known legal meaning that I'm familiar with. Jurisdictions of course are different, so what I'm thinking could mean nothing in New York State. Obviously, you have access to some sound legal advice locally and you should be guided by that. My guess is that the exclusion can be successfully challenged based on the circumstances of the loss as you described them. Good luck and keep us "posted" on developments.
04-04-2005, 09:02 PM
#43
Race Director
Thread Starter
Originally Posted by 68shark
I do work in insurance (in Canada) and am well aware that courts will interpret any ambiguity in the policy language in favour of the Insured. At least they do so here in Ontario. "In use" is a very vague term at best, with no known legal meaning that I'm familiar with. Jurisdictions of course are different, so what I'm thinking could mean nothing in New York State. Obviously, you have access to some sound legal advice locally and you should be guided by that. My guess is that the exclusion can be successfully challenged based on the circumstances of the loss as you described them. Good luck and keep us "posted" on developments.
