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

> Ohio Court of Appeals · June 23, 1993 · 88 Ohio App. 3d 391

URL: https://www.frixlaw.com/law-library/cases/3696101

## Case

- **Full name:** RICHARD HALEGUA FANTASTIC THINGS, INC., Appellant, v. CRUM & FORSTER COMMERCIAL INSURANCE, Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** June 23, 1993
- **Citations:** 88 Ohio App. 3d 391; 623 N.E.2d 1334; 1993 Ohio App. LEXIS 3162
- **Precedential status:** Published
- **Opinion:** Concurrence by Bettman
- **Judges:** Doan, Shannon, Bettman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3696101

## Opinion text

*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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3696101. Public record. Not legal advice.