Quote:
Originally Posted by undercoverbrother
No a bluff would have been him saying, "I saw a bunch of ads online that place the value of my vehicle at Xamount" and the insurer just accepting him at his word.
Going the next step to make the fake ads, and them knowingly provide those fake ads to facilitate a great financial return, well that is where it becomes fraud. It is completely opposite to the concept of Utmost Good Faith.
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Don't get me wrong.. its not in good faith. It is sneaky.
I just don't think any decisions on the actual value of the car made by the insurance company were made based on the kijiji ads. All they did was serve for them to consider how easily this guy was going to go away.
The ads were no more than a negotiating mechanism in the grand scheme of things. They didn't up the offer based on the dollar value of the ad. They upped their offer based on the annoyance of the situation. I just don't the kijiji ads would be considered as evidence in the situation that would actually give rise to a financial gain. It wasn't like the insurance company looked at them and said "looks like we had the value pegged wrong". No chance that happened.