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Do I Have Any Legal Recourse Here?; Stolen Goods
Topic Started: Jan 26 2006, 01:12 PM (204 Views)
George K
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Finally
Last August, when I was on vacation up in Wisconsin, our cleaning service came to clean the house (they come once a month). My wife had left her wedding ring (with attached diamond) and a ring from her mother (also with attached diamong) on the counter in the bathroom the night before. I did not watch the cleaning service, for I was in another room.

That afternoon, when my wife wanted to go shopping she saw that the rings were gone. We searched the house frantically, with no luck. We can only assume that one of the ladies who was there that day pocketed the rings and left. No one else was in the house (other than family) for the entire duration of my vacation. The rings' value is about $10,000. We did not have a rider on our homeowners policy.

We filed a police report about a month later. A very polite officer took our statements and started the investigation. He searched the homes of the ladies who worked for the cleaning service (one of whom had been either fired or quit) with no luck either.

About 2 months later, my wife was told that since the service is insured, bonded, etc, they would cover replacement costs of the rings. Today, she was told that, since the policeman had not found the rings, no reimbursement would be forthcoming.

Basically it comes down to my word vs. the service, I guess. Do I have any recourse here, or am I SOL?

(Quirt, where are you when I need you?)
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- Mik, 6/14/08


Nothing is as effective as homeopathy.

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schindler
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Fulla-Carp
Just a question: why did you wait a month in between the theft and filing the report?
We're all mad here!
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George K
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Finally
Spent it looking for the rings.
"Didja leave it there?"
"No"
"Could it be at our other home"
"Let's look"

You know, hoping against hope that it was an error on our part.
A guide to GKSR: Click

"Now look here, you Baltic gas passer... "
- Mik, 6/14/08


Nothing is as effective as homeopathy.

I'd rather listen to an hour of Abba than an hour of The Beatles.
- Klaus, 4/29/18
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Jolly
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Geaux Tigers!
I'm betting you're SOL.

You can't prove that the rings were stolen by the cleaning service's employees, therefore you have no recourse.

The main obstacle to a stable and just world order is the United States.- George Soros
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Kincaid
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HOLY CARP!!!
I handled a few claims exactly of this nature, being a liability insurance adjuster for a carrier that insured a cleaning service. Did you actually get a letter of denial from the carrier for the cleaning service? If so, their reasoning seems ridiculous. If the police found the rings, then you'd be given them back and no claim would be necessary. I'd focus on liability issues w/the carrier. If the cleaning service fired one of the employees, they may have an idea that they weren't trustworthy.

If it turns out that there is no insurance policy you could also pursue the bond but my experience there has been less favorable. The bonds have often already been eaten up by other claims.
Kincaid - disgusted Republican Partisan since 2006.
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Kincaid
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HOLY CARP!!!
It is a matter of evidence AND testimony. In such a theft, one would not expect to find evidence - which is, after all, just the rings. However, you bring a claim against the cleaning company and they need to stack their (possibly ex) employee against you and your wife's testimony. It would be a credibility issue. If they can't get the employee to cooperate (especially if they are a former employee) than your side is bolstered considerably.
Kincaid - disgusted Republican Partisan since 2006.
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Kincaid
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HOLY CARP!!!
Remember as well, in a civil case the law of evidence is not as stringent as a criminal case. You only need the preponderance of evidence (or testimony) on your side to win.

Another option would be small claims court. The awards are usually limited but I wonder if you can bring separate actions for each ring? Anyway, small claims courts usually tip heavily in favor of the public and against commercial defendants.
Kincaid - disgusted Republican Partisan since 2006.
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QuirtEvans
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I Owe It All To John D'Oh
Kincaid basically has it right. You file a claim, if they deny your claim, you have to sue. You sue the cleaning service and the company that bonded them. A lot of your potential recovery will be eaten up in attorneys' fees. Make sure it's on contingency, or else you could lose and still have to pay your lawyer.

Don't bother with small claims court, the recovery limits are usually a fraction of the value of those rings.

It would be unwise to underestimate what large groups of ill-informed people acting together can achieve. -- John D'Oh, January 14, 2010.
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George K
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Finally
Thanks for the advice guys. The total value of the rings is $10K. The limit for small claims in Cheeseland is $5k. However, Quirt, I like your ideas.

(nothin like free legal advice! I owe you guys)

Quirt, file a claim with whom? The cleaning service's insurer?
A guide to GKSR: Click

"Now look here, you Baltic gas passer... "
- Mik, 6/14/08


Nothing is as effective as homeopathy.

I'd rather listen to an hour of Abba than an hour of The Beatles.
- Klaus, 4/29/18
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Kincaid
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HOLY CARP!!!
Quirt, what do you think about separate claims for each ring - would that fly?

I should note also that you will need evidence of the value of the rings. Hopefully you have some kind of appraisal, photos and/or purchase info that shows a clear description that a jeweler can put a value on them.

I wish I could remember what happened in the claim I had handled. I do remember that one of them had no support for the value he claimed. His ring disappeared after motel staff had cleaned his room.
Kincaid - disgusted Republican Partisan since 2006.
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kenny
HOLY CARP!!!
George
Post your question here.
This diamond forum, Pricescope.com, gets a lot of insurance quetsions.
I think an insurance agent or two hangs out here.
A few appraisers hang out here who are very experienced and helpful.

http://www.pricescope.com/idealbb/forum.asp?forumID=3

BTW after much reading I conclude that Chubb and Jeweler's Mutual seem to be the two best places to get insurance on a diamond.
Chubb will even insure a loose stone.
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