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Miata Mailing List: November 1993, Message #57
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From: Al JenabSubject: RE>Re: RE>Re: mx5 brakes and more power (fwd) Date: Thu, 4 Nov 1993 08:27:23 -0500
Bruce writes: "When you mislead (ok, defraud) your insurance company about aftermarket performance equipment, not getting reimbursed for the stolen supercharger is the least of your worries. If you have a liability problem (like accidently running over a two-year-old), misreporting your equipment could nullify your contract. They could refund your premium, and you will be on your own defending against a $250,000 punitive damages claim." Bruce, I sort of see your point, but it would be extremely difficult to prove that the supercharger had caused the running over of a two-year-old in your example, unless you were travelling at a speed unreachable in a dead-stock car. If that were the case, having a radar detector in your otherwise stock car at the time of an accident would also cause you to be dumped. (GEICO doesn't like radar detectors either). Taking things further, just not informing them of a new set of performance tires on the car (say a set of really sticky A008RS's) would be grounds for dropping you; after all you can pull lots more lateral acceleration and will probably cause multiple fatalies and mass destruction every time you zip around a corner 5 mph faster. These are silly examples, but if the company did abandon you on any of these grounds, you'd probably have a pretty good case for suing them for breach of contract, not the other way around. -Al