Personal Bankruptcy bankruptcy/lien/insurance claim? it's complicated

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breed

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where do I start? Originally I was to purchase a dirt bike and one of my prerequisites was to only purchase with a mso (manufacture statement of origin/title) Very few dirt bikes have one because purchasers of new dirt bikes rarely register because theyre not licensed vehicles. I called my insurance company for a quote to see what was required because I travel alot and know that dirt bike theft is not uncommon. When I got the quote I asked what was required and the lady I spoke to said only a notarized bill of sale. I made her talk to her supervisor because I wanted to make absolutely sure. She assured me that was the case.
I made a purchase of a bike with a bill of sale and insured it seemingly without any problems. I have purchased motorcycles in the past to run a vin check with highway patrol to verify they were not stolen. This one was not stolen as well.
Made a purchase on a friday, insured it saturday morning, and sunday morning woke up to it stolen out of my truck. Filed a police report and made a claim. The insurance company called me the following monday and took a recorded statement in which they said I needed a bill of sale and an mso. I immediately was enraged and told her that the peson that quoted me said I didn't need a mso. She backpedaled and stated that they would cover it.
Fast forward a month...... Spoke with the claims agent and she told me that she had my claim check but now they do need an mso and the bill of sale is irrelevant. What I needed to do was to get a copy of the mso and only then they could issue the check to the person who's name appeared on it. I know from experience only the dealer where the bike was sold originally have the power to issue a mso. So IF I could find a dealer that sold the bike and ONLY if I could contact an original purchaser and ONLY if he would agree to accept the check from insurance to sign over to me I would be able to recover my loss. In a city of our size, I am truly overwhelmed to try and get all that done. After a day of calling dealerships and searching I have located all involve. The Dealer, Owner and his willingness to do what is necessary. Here's where it gets complicated. He filed bankruptcy a few years ago and the bank discharged the loan. hsbc was the lienholder on the bike. HSBC wont even talk to us. I thought we could negotiate with them for both the lender and me to recover some of our losses but they turned it over to collection. The collection agency will only talk to the purchaser.
Sorry so long. so a couple of questions.
Shouldn't the insurance company be liable for insuring something that they told me they would insure?
The owner hasn't called the collection agency because of obvious concerns of his own. Perhaps he may be in some trouble for selling the bike in the first place.
I found this site and saw some fantastic information. Thanks Brent
 
So what is your question?

If the insurer is failing to perform, you might have a remedy through your state's insurance commissioner.

Otherwise, all insurance is subject to underwriter acceptance. I suggest you read the policy and/or binder details.

Personally, I think the insurance company smells fraud. You might want to speak with a good criminal defense lawyer, especially if your personal finances are suspect.


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Let me state that I am in no financial trouble and that in 30years I have never filed a claim. It would be difficult to read as policy that I hadn't even had time to receive
 
You should have a binder. If not, what written evidence do you have that you were insured? Are you in any financial difficulty at the present time? Have you a recent history of late payments, or job loss? Finally, did you pay the premium in full? If so, how was payment tendered?


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So what is your question?

If the insurer is failing to perform, you might have a remedy through your state's insurance commissioner.

Otherwise, all insurance is subject to underwriter acceptance. I suggest you read the policy and/or binder details.

Personally, I think the insurance company smells fraud. You might want to speak with a good criminal defense lawyer, especially if your personal finances are suspect.


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Sent from my iPad3 using Tapatalk HD

I'm in no financial difficulty and on two other bikes I've paid the premium in full for the year. The only written evidence of the coverage is the id card which I was emailed. It seems that you're implying that I'm a criminal instead of a victim. I'm the one that suffered a loss from a bike that was stolen. I insured my bike based on what the insurance said about honoring a bill of sale. They are not honoring what they said they would. It would be hard to read a binder when the bike was stolen in a matter of 24 hours after I purchased it. Why would I need a criminal defense attorney?
 
I'm in no financial difficulty and on two other bikes I've paid the premium in full for the year. The only written evidence of the coverage is the id card which I was emailed. It seems that you're implying that I'm a criminal instead of a victim. I'm the one that suffered a loss from a bike that was stolen. I insured my bike based on what the insurance said about honoring a bill of sale. They are not honoring what they said they would. It would be hard to read a binder when the bike was stolen in a matter of 24 hours after I purchased it. Why would I need a criminal defense attorney?

I'm not implying anything.

I've been a judge for three decades.

I've heard many tales of woe, and more excuses that I care to recall.

You are free to discard my advice.

You are free to heed it.
 
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