Legal Question in Family Law in Pennsylvania
insurance payout
Court ordered exclusive possession of boat to wife to make up for arrearages owed by husband in support - wife had her OWN insurance policy on it - husband vandalized boat when he found out court had given it to her - nsurance paid out to wife - husband now wants 1/2 of insurance money. Her policy - her money???????? Should he gain by his intentional destruction of boat?
2 Answers from Attorneys
Re: insurance payout
www.garneslaw.com
She should file a motion seeking to bar the husband from sharing in the insurance proceeds. Aside from the fact that the policy is issued to her, there are certain equitable principles in play, namely the fact that the husband should not recover on an insurance policy for damage that he intentionally caused to a boat. That is tantamount to insurance fraud.
Re: insurance payout
No that would be unjust enrichment. The insurance company if they can prove it was vandalism my husband will sue him for the insurance payout on the boat.
{John}
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