am i covered ?

I’m in NJ. My fiance and I are in the middle of a breakup. She said she flushed the engagement ring down the toilet. The engagement is officially off and I know that ring is leglly mine and the insurance is in my name. Can I go through my jewelry insurance? Will they go after her for the money?

Asked on July 2, 2016 under Insurance Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the engagement and thus marriage is off, the ring belongs to the person who gave it, not the recipient--presumably, that is you. That means that if you have the applicable insurance, you can file an insurance claim. The insurer will have the right, but not the obligation (i.e. it's their choice) go after your now-ex-fiance to recover any amounts they had to pay out to you due to her deliberate loss of the ring.
Note that there is a chance that the insurer won't pay--it depends on the vaue of the ring vs. the overall jewlery insurance you have. If the ring if very valuable to the rest of your jewelry, you may have been required to purchase a separate rider for it--you can't simply add something to the policy without a rider if it significantly alters the total insured value. If your insurer does not pay on this basis, you could yourself sue the ex-fiance for the value of the ring.


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