Ram

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

1. INTRODUCTION

Plaintiff Jagat Ram (“Plaintiff’) brought this suit after Infinity Select Insurance (“Defendant”) denied his vehicle theft claim. On April 5, 2011, Defendant filed the present Motion for Summary Judgment; or, in the Alternative, Partial Summary Judgment (“the Motion”), which came on for hearing on July 22, 2011. Having considered the papers and arguments of counsel, and for the reasons stated below, the Motion is GRANTED.

II. BACKGROUND

A. Facts

In 2005, Plaintiff purchased a Lamborghini “kit car” on a Pontiac Fiero chassis in Vancouver, Canada, from a kit car maker named “Reggie.” Ram Decl. at ¶ 3; Ram Examination Under Oath (EUO) at 42:22-43:3; Affidavit of Vehicle Theft (“Affidavit”) at 00596. Plaintiff states that he paid $75,000 for the vehicle. Ram Decl. at ¶ 3; Ram EUO at 42:8-10; Affidavit at 00596. After the purchase, Plaintiff drove the vehicle to the Bay Area. Ram Decl. at ¶ 3.

Plaintiff insured his Lamborghini kit car with Infinity, with coverage beginning on March 11, 2008, for an agreed value of $95,000. Insurance Policy (“Policy”) at 00263. The vehicle he insured had vehicle identification…