Opinion

Richard Halegua Fantastic Things, Inc. v. Crum & Forster Commercial Insurance

  • 88 Ohio App. 3d 391
  • 623 N.E.2d 1334
  • 1993 Ohio App. LEXIS 3162
Court
Ohio Court of Appeals
Filed
Jun 23, 1993
Status
Published
Author
Bettman
On the bench
Doan, Shannon, Bettman
Cited by
0 cases
Authority
More cited than 42.7%

The opinion

*394

Marianna Brown Bettman, Judge,

concurring.

I agree with the majority that summary judgment was properly entered for Crum & Forster in this case. However, what is troubling to me is the fact that while Halegua did not know the pieces of art were stolen when he acquired them, he did know the pieces of art were stolen at the time he acquired the all-risk insurance and failed to disclose this fact to the insurance company. But even if that were not found to be a proper basis on which to deny coverage, and even if Halegua had an insurable interest in the property based upon the economic interest analysis set forth in

Phillips v. Cincinnati Ins. Co.

(1979), 60 Ohio St.2d 180 , 14 O.O.3d 413 , 398 N.E.2d 564 , according to

Phillips

such an interest is good against all the world except the true owner. Since the confiscation of the property by the police was on behalf of the true owner of the property, any interest Halegua might claim to have had is defeated. For these reasons, I would affirm the judgment of the trial court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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