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Bought A Car, Insured It, Then It Was Stolen During Transport Before I Received It — Who Is Responsible?

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Looking for insurance and legal advice on an unusual vehicle theft situation.

I (in CO) bought and financed a used luxury SUV from an out-of-state (NY) dealership. Before it was shipped to me, I added the exact VIN to my existing auto policy with comprehensive coverage and the lender was listed as lienholder.

I hired an auto transport broker to arrange delivery. The vehicle got stolen during the transport (I can share exact details- but a lot of confusion, fraud, maybe insider - don't know for sure). Police reports have now been opened in both states, and the SUV is being treated as stolen.

I filed a comprehensive theft claim with my auto insurer. They are now raising the issue that I never physically took possession of the vehicle, and suggested coverage may be questionable because of that.

My question is:

  • does physical possession normally matter if I had already purchased/financed the vehicle and my insurer had specifically added that VIN with comprehensive coverage before the theft?
  • If the personal auto insurer denies coverage, who would normally be responsible — the transport broker, the carrier/tow company that had custody, their cargo insurer, the dealership, or some combination?

Has anyone dealt with a similar situation, or is there specific policy language/case law I should be looking for before accepting a denial?

Location: Colorado

submitted by /u/just4_f
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