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Allen Smith of Philadelphia filed a lawsuit against his homeowners insurance company, Liberty Mutual Fire Insurnace Co,. over theft claim for a 2-carat diamond engagement ring valued at 12,475.Smith proposed to Bergittia von Below we Rothchild, of Australia,after meeting her through an internet dating service, and gave her the engagement ring.Shortly after their engagement, Rothschild stopped W-4emailing Smith would not return his phone calls a private investigator,hired by Smith, determined Rotchild had lied about her identity and when Smith attempted to get the ring back Rothschild disappeared. Smith filed fraud compliant with the police and tried to recoup the rings value under his insurance policy. Philadelphia Common Pleas Judge Stephen E. Levin ruled that Smith was not entitled to recover the money for the ring from.his insurance company. Citing a 1999 Pennsylvania Supreme Court ruling that an engagement ring is a conditional gift,be returned if the engagement is terminayed,Levin said that this standard would constitute breach of contract, not a criminal offence.He ruled in favor of Liberty Mutual because Smith had not proven that Rothchild” entered the relationship with the intention of tricking him giving her a ring.” Joseph Zen stein, Smith’s attorney, responded,” If you are conned out of something that is a theft. To me it is a really simple issue. He asked for the ring back, she wouldn’t provide it.” Smith plans to appeal the decision. Do you agree that (1) that engaementnring, as a legal matter,should be returned if the engagement is broken and (2) with the result of this case? I need help.Thank you in afvance!
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