Home Owners Insurance

[CliffRey]

Factual background: A husband and wife are legally separated. The wife takes the husband's golf clubs purchased from the wife's fathers estate during the marriage (i.e. marrital property)for their sentimental value, but doesn't tell the husband. The golf clubs were taken from the husband's vehicle at a public park. The husband believing the golf clubs to be stolen files a police report and files a claim with the insurer and a claim check is paid to both husband and wife under the joint homeowners policy. The husband deposits the check to their joint checking account without informing the wife to pay their joint debts still being paid from the account
The wife confesses to the insurer about taking the golf clubs 6 months later for the purpose of expunging the claim for the golf clubs from her homeowners policy history to get a better rate on a new homeowners policy. Questions: Has an actual theft of the golf clubs occurred in this scenario? Has fraud been committed in the filing of the claim? Under a North Carolina Homeowners Insurance policy (State Farm) if a claim is paid for stolen personal property and the property is recovered 6 months later, is the insured obligated to repay the amount paid on the claim to the insurance company? Who owns the recovered stolen property after the claim is paid i.e. the insurer or the insured partiesat that point? Thank you!

 

[ALawyer]

This is far too local and complicated to answer.

If the ex wife stole the clubs, that's a crime.

If she gave a false police report that's a crime.

If she filed a false insurance claim that's a crime.

But if she repays the insurance company and returns the clubs, it is doubtful the police or DA or insurance company will prosecute.