Personal Property and Bailments Frank and Hector are two business majors at St. Joseph’s College and close friends. Both work full time outside of their studies. Both are over the age of 21. Both are United States citizens and reside in Suffolk County, New York. On learning that Hector planned to travel to Cozumel on vacation during Spring Break, Frank asked him to deliver $25,000 in cash to his cousin, Miguel, who resides in nearby San Miguel, Mexico. During a standard customs inspection at the border, Hector told the customs inspector that he carried less than $10,000. The officer discovered the actual amount of cash that Hector was carrying, seized it, and arrested Hector. Frank asked the government to return what he claimed were his funds, arguing that the arrangement with Hector was a bailment and that he still held title to the cash. Please answer the following two questions: 1. For this question, argue that Frank is entitled to the cash. 2. For purposes of this questions, assume that a bailment was created. Identify what type of bailment it was, and explain the degree of care required of the bailee and potential for liability should the bailee fail to exercise the appropriate degree of care. Insurance, Wills and Trusts Atlas Moving and Storage Systems, LLC (“Atlas”) owned a self-storage facility in Mineola, NY. AllHands Casualty & Liability Insurance Co. insured Atlas under a general policy that included coverage of “Personal property of others in your care, custody and control.” Before storing property in the facility, Bill and Carolyn Morgan were told that their goods would be fully insured. Later, a fire destroyed the facility and the contents of the Morgan’s storage unit. AllHands Casualty & Liability Insurance Co. did not inform them of Atlas’ coverage, however. Instead, they were advised by the insurance company to file a claim under their homeowner’s insurance because there would most likely be no coverage under Atlas’ policy. Please answer the follow two questions: 1. On what grounds might the Morgan’s base a legal action against AllHands Casualty & Liability Insurance Co.? 2. Are there sufficient grounds to argue that the insurer acted unethically?
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