Q: Has an Ohio insurance law or regulation been violated
My wife and her ex-husband are still co-owners of their marital home. Both are bound to the original mortgage document. They were divorced in 2009. We just learned the following in July of this year (2015):
The ex attempted to remove my wife from the homeowner insurance late in 2009 but the company refused, as she continues to have an insurable interest. When that policy expired in May 2010, the ex acquired insurance from a different company represented by a different agent. He did not disclose her as a named insured and did not inform her of the change.
In Feb. 2014 and June 2015, he made a total of two damage claims for which insurance paid $21,000 in total. He spent approximately $4000 total in hired repair and materials and pocketed the difference. My wife was unaware of the claims and had no say in the choice of contractor(s), the scope or quality of work they would perform or in distribution of the settlement monies.
Is any of that illegal?
A: This seems familiar. I think I answered this question a few days ago. Is this a law school assignment? As I said in my previous answer, this would require more research than any of us are going to do for free, but off the top of my head, the ex is most likely facing civil trouble from contempt and a lawsuit rather than criminal trouble, though he may be accused of fraud or identity theft depending upon the nature of the actual damage to the house, whether it was properly repaired, and whether he used any of the ex wife's identifiers either to get new insurance or handle the repairs.
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