Legal Help

[Opi]

what if i shop in another kay jewelers and get them on camera saying theft is covered?

[FlirtfromHell]

Report it to the police and with the report they can check all the pawn shops, etc. My mother had some jewelry stolen from our house when I was a teen and she did just that. Two weeks later they found her jewelry in a pawn shop. She did however have photos of the pieces because she had insurance ... don't know what else to tell ya hun.

[sicky]

Originally Posted by Opi

what if i shop in another kay jewelers and get them on camera saying theft is covered?

There will be a lot of jewelry sales for the holidays so they may not press you to buy insurance for stuff (ie being honest and telling you the truth that it's not covered by theft or loss lol). Even if they tell you verbally that theft is covered, it doesn't matter. You are supposed to read warranty/insurance papers just like any contract before agreeing to it. In this case your insurance papers only cover the jewelry breaking. The company would lose money otherwise, we're not talking about cell phones here. People would make false claims all the time.

Example: On contracts (like when buying a car), one of the first few lines always says that you are buying the vehicle (or warranty for the vehicle) on your own decision and not based off of anything verbally told to you by a salesman. In other words, a salesman could guarantee you that a $500 piece of shit car gets 100 miles per gallon of gas. You buy it and it only gets 5 miles per gallon, but you can't go get your money back b/c the contract says nothing about gas mileage "guaranteed" by the salesman. Best case scenario for you would be getting the salesman fired and maybe a 10% discount on your next purchase.

The jewelry insurance thing won't work. Filing it with the police report as theft and using homeowner's insurance is probably your only shot. I would already be thinking of the last friends/family in my home and start looking at them as suspects though .

I have never heard of a warranty plan covering theft, it usually only covers defective workmanship. Perhaps you didn't hear what she was saying correctly. I believe if the stone fell out of the setting, the stone would be replaceable under the theory that it was the craftsman's error in setting the stone. But theft is an intervening superceding cause and will never be covered by a warranty. That's what insurance is for.

Speaking of insurance, the most common homeowner's policy, the HO3 form, covers jewelry, but only up to $500-$1000. This would be the same if you had a renter's policy. Since the ring cost you $3000, the insurance company would likely value it at $1500 (don't worry, everyone gets ripped off by jewelers), and, after consideration of your $500 deductible, you would get either the $500 or $1000 limit your policy provides.

Now, if you wanted full coverage on your ring, you would have had to add it as "scheduled jewelry" which means you provide the insurer with an appraisal, they add the full amount of the appraisal to your policy, you pay an increased premium, and you get full value for your ring if stolen.

If you do not have insurance, and you want to take action against the jeweler, you should file a small claims action. Most states allow small claims for actions involving money less than $2500-5000. Small claims is inexpensive and quick, and is much like the people's court. You tell your side and provide any evidence you may have, and they get to do the same. Its usually not a judge, but the decisions are often equitable (i.e., fair). You would be pursuing a claim under a theory of promissory estoppel. Basically, they made a promise (i.e., to cover the ring in case of theft), you relied on that promise to your detriment (i.e., you shelled out $3k for a ring) and you suffered an economic loss as a result (i.e., ring is gone with no recourse). You will also claim that you relied on their promise in foregoing insurance of your own.

This is a common-law contract type theory that most states have adopted. It may work, it may not. But, for $3000 it may be worth a shot.

[paul_22]

please follow the Bas Tard who wont replace it and kick his ass and video it and tell him he has 72hrs to leave 5000 in unmarked bills in the trash can on 78th or your going to feast on his familys flesh