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Feds Off the Hook for Wrecked $750G Ferrari
Fox News ^ | October 11, 2011 | AP

Posted on 10/14/2011 1:27:43 PM PDT by Immerito

DETROIT – A federal judge in Detroit has dismissed a lawsuit against the U.S. government over the wreck of a $750,000 Ferrari driven by an FBI agent.

(Excerpt) Read more at foxnews.com ...


TOPICS: Miscellaneous
KEYWORDS: feds; ferrari
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To: Immerito

Somehow the rest of us will get to pay for it be it a law suit or higher insurance rates.


21 posted on 10/14/2011 3:28:27 PM PDT by bgill (There, happy now?)
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To: Immerito
a law making the government immune to lawsuits when property is in custody of law enforcement.

Seems like a violation of the 5th amendment protection of private property.

22 posted on 10/14/2011 4:17:08 PM PDT by Poison Pill
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To: SFC Chromey

Actually, a car of this value would normally only be transported in a fully enclosed car transport by a fully ensured carrier.


23 posted on 10/14/2011 4:27:39 PM PDT by rottndog (Be Prepared for what's coming AFTER America....)
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To: All
No tow truck....


24 posted on 10/14/2011 4:30:36 PM PDT by rottndog (Be Prepared for what's coming AFTER America....)
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To: Poison Pill

so now the police can arrest anyone for “something” conficate a car or a house or boat, use it for fun and they have no liability.

How very sheriff of nottingham.


25 posted on 10/14/2011 4:40:08 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Immerito

This will go to appeal and be overturned. There is no way the government can take proeprty then destroy it.


26 posted on 10/15/2011 8:42:56 AM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: CodeToad

I wish I had the same confidence. The government already *has* taken property and destroyed it.


27 posted on 10/15/2011 12:17:13 PM PDT by Immerito (Reading Through the Bible in 90 Days)
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To: rottndog

Right, for transporting, if the parties actually care about the value of the vehicle! lol But for a government entity, the typical transport would be flatbed, think lowest bidder, or government purchase card limits.


28 posted on 10/15/2011 7:30:38 PM PDT by SFC Chromey (We are at war with Islamofascists inside and outside our borders, now ACT LIKE IT!)
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To: SFC Chromey

This is a subrogation case by a carrier. They generallly look for coverage, rather than chasing “dead wood.”

Keep in mind there is a separate Freedon of Information Act suit ongoing. The FBI is playing games with its documents, likely trying to hide some other malfeasance. The subrogating carrier may yet get a recovery from another carrier that covers the FBI, if it can show that the FBI was negligent in its supervision of the individual officers.


29 posted on 10/16/2011 8:12:17 AM PDT by frithguild (We admitted we were powerless over government - that out lives had become unmanageable)
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To: Pontiac
These agents should be prosecuted under state law and be sued personally for recompense of the insurers losses

Unlikely the subrogating carrier will go in that direction. The individual agent's homeowners and personal auto polices likeley have business pursuits exclusions.

30 posted on 10/16/2011 8:25:54 AM PDT by frithguild (We admitted we were powerless over government - that out lives had become unmanageable)
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To: freedomfiter2
We went to war over this concept. I guess we need to do it again.

In most states, and certainly with the federal government, soverign immunity is statutory, with exceptions that are narrowly construed. It is impossible to govern without it.

31 posted on 10/16/2011 8:28:41 AM PDT by frithguild (We admitted we were powerless over government - that out lives had become unmanageable)
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To: frithguild
The individual agent's homeowners and personal auto polices likeley have business pursuits exclusions.

That does not make them any less liable.

Their wages can be garnisheed.

There is certainly no reason not to prosecute them, and there is a moral imperative that requires that they be prosecuted.

32 posted on 10/16/2011 9:08:11 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

I’m just telling you what the surrogating carrier will do. A wage garnishment for a $750,000 claim is not the way they will want to go. Taking a pound of flesh, especially from FBI agents, is not good business.


33 posted on 10/17/2011 6:55:07 AM PDT by frithguild (We admitted we were powerless over government - that out lives had become unmanageable)
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To: frithguild
The guy that owned this car should take justice in to his own hands so to speak if the state does not take action against these FBI types.

If the county prosecutor does not indict these people the owner of the car should let him know that his opponent in all elections will have his full support until he is removed from office.

This guy obviously has the means to make that threat stick and make it hurt.

We as a people can not let this kind of behavior go on with our LEOs.

34 posted on 10/17/2011 8:22:45 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac
The guy that owned this car should take justice in to his own hands so to speak

The owner of the vehicle gave up title to his insurance carrier, who paid the value of the vehicle to the owner, while the vehicle was lost and in the hands of the thief. The insurance carrier owned the vehicle when the FBI agents crashed it so badly it was a total loss.

If there is anyone less likely win an election than a car insurance company, please let me know who that is ...

35 posted on 10/17/2011 12:06:05 PM PDT by frithguild (We admitted we were powerless over government - that out lives had become unmanageable)
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To: frithguild
The owner of the vehicle gave up title to his insurance carrier, who paid the value of the vehicle to the owner, while the vehicle was lost and in the hands of the thief.

That is not in the article. Are you sure of this?

Insurance companies will usually stall for some time on the chance that the police will recover the car.

if the car was recovered before they settled the company would not have paid for the car and the owner would have had to wait until the car was released from evidence hold.

36 posted on 10/17/2011 1:27:31 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

From the official report of the case:

On September 16, 2003, a 1995 Ferrari F50 (the vehicle) was stolen from a Ferrari dealership, Algar Ferrari, in Rosemont, Pennsylvania. The dealer was the insured under a policy issued by MIC. MIC paid the claim in the amount of $625,000 and assumed ownership of the vehicle. Nearly five years later, in August of 2008, a Kentucky law enforcement unit and partner of the Federal Bureau of Investigation (FBI) recovered the vehicle in Lexington, Kentucky.

Motors Ins. Corp. v. U.S. 2011 WL 4506103, 1 (E.D.Mich.) (E.D.Mich.,2011)


37 posted on 10/18/2011 7:12:58 AM PDT by frithguild (We admitted we were powerless over government - that out lives had become unmanageable)
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To: frithguild

Thanks


38 posted on 10/18/2011 8:06:38 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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