Is an insurance company liable for a claim if an engaged woman will not return the engagement ringonce that the marriage is called off?

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Is an insurance company liable for a claim if an engaged woman will not return the engagement ringonce that the marriage is called off?

A man insured a $20,000 engagement ring on a rider to his household policy to protect it against loss or theft. The woman that he gave it to he woman refused to return it. He then filed a claim with his insurance company but the insurance company refused to pay. What would the man sure the insurance company for? And why?

Asked on October 24, 2011 under Insurance Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They type of action one brings against their insurance company is known as a declaratory judgement action.  It is an action to ask a court to "declare" that there is or is not coverage for the loss that you have reported.  Now, the ring is not really "lost" here, is it?  And in Michigan, the court of appeals held in the case of Meyer v. Mitnick that the ring was a "conditional gift" and if the marriage does not occur, then the ring has to be returned to the donor. So you have the ability here to sue your ex fiance for the ring back.  Which is one of the reasons that the insurance company probably refused to cover the "loss."  Try suing your ex.  Good luck.


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