Kelley Kronenberg Partner Carlos Carmona, with key support from Legal Assistant Yuly De Armas, secured the withdrawal with prejudice of a suspected fraudulent insurance claim on behalf of the insurer in a matter involving a 2019 Lamborghini Urus with approximately $90,000.00 in claimed damages. 

The insured reported the vehicle as stolen and subsequently recovered with significant damage. The claim was late reported and referred to SIU, which retained the firm to conduct an Examination Under Oath. Investigation revealed that the vehicle had likely not been stolen at all. Rather, evidence pointed to the vehicle having been damaged while in the possession of a rental company, on consignment from the insured, and rented out to a third party. If accurate, the loss would fall under a policy exclusion, as the vehicle was being used for commercial rental purposes without the insurer’s knowledge. 

Further investigation revealed that a rental agreement had been submitted to the insurer of the driver responsible for the damage. That insurer paid its policy limits, but the payment fell short of covering the full extent of the damage, which appeared to have prompted the insured to file the claim as a stolen vehicle loss, a filing that would constitute a fraudulent insurance claim. 

Carlos served a carefully crafted request for records and issued formal notice of the Examination Under Oath. Yuly’s diligent follow-up with the insured and their counsel ensured production of the requested records and confirmation of the EUO date. Faced with the prospect of testifying under oath, the insured withdrew the claim with prejudice. The insurer paid nothing. 

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