North Shore Towers Courier n July 2013 5 Dr. Alison Hoffmann & Dr. Amy Sapodin • RESPECTED BY DOCTORS, TRUSTED BY PATIENTS • LATEST IN DIGITAL TECHNOLOGY • HIGHLY AWARDED AUDIOLOGIST 516-484-0811 North Shore Towers Bldg.3 -Arcade 5, Floral Park 1163 Willis Avenue Albertson / Roslyn Errol A. Brett Attorney At LAw 26910 grand central parkway suite a6 floral park, ny 11005 Tel: 718-631-7733 Fax: 718-631-7765 Legally Speaking By: Scott Baron, Attorney at Law FRAUD AND FAKERY Advertorial Q: We got a package insurance policy covering our apartment and some appliances that were located in it. After a fire occurred, we submitted what looked like store receipts. The insurer denied our claim, saying that we had submitted fraudulent evidence about the original cost of the appliances – that we had breached the ‘concealment and fraud’ provision of our policy. What happened is that I could not find the receipts provided by the stores when I had purchased these appliances. Wanting to simplify my life, I just made up some fake ones, doing my level-best accurately to estimate the prices and dates. As far as I was concerned, I was just innocently trying to communicate the cost. Now, sadder and wiser, I understand that the best course would have been simply to tell the insurer that I did not have the receipts, tendering a ‘proof of loss’ that lacks receipts. The two sides would then have engaged in a more cumbersome, but honest, course of resolving the matter. Do I still have a second chance? A: Key to determining whether a fraud provision of an insurance policy has been breached is whether you acted with fraudulent intent. Generally, there are two circumstances that suggest this intent. One is when you fake the evidence to look like an actual receipt provided by the store on the date of purchase – rather than just purport to give your opinion. The other is when the claimed value of the loss is grossly disproportionate to the actual value – when the price that is stated is significantly exaggerated from the price that you actually paid. Your case presents only one of these two lamentable circumstances: fakery, but not exaggeration. A case like yours is not so frequent, and the applicable precedent is thin. By all means find a well-skilled attorney to try and rescue you. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Celebrating Our 66th Year! Of Mineola A Name You Can Trust Since 1947 • On-Premises Fur Storage in Temperature Controlled Vault • Specializing in Custom- Made Coats and Remodels • All Work Done on Premises • We Repair and Clean Fur Storage, Clean & Glaze $8495 Come In And See Our New Spring Collection Of Leathers 260 Jericho Tpke., Mineola 516-746-5500 www.tsontosfurs.com Hours: Mon.-Fri., 10-6; Sat., 10-5 Evenings By Appointment
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