SCAM Arkansas man files lawsuit after golf club withdraws hole-in-one prize: 'They said we're out of luck'

Macgyver

Macgyver

Has No Life - Lives on TB
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Arkansas man files lawsuit after golf club withdraws hole-in-one prize: 'They said we're out of luck'

Austin Clagett and his attorney join "America's Newsroom" to discuss their lawsuit against a country club and car dealership for denying his Ford F-150 hole-in-one prize.
www.foxnews.com www.foxnews.com




Arkansas man files lawsuit after golf club withdraws hole-in-one prize: 'They said we're out of luck'​


Elizabeth Heckman


An Arkansas man is suing a country club and car dealership for not being awarded a prize that was offered for sinking hole-in-one on the course's 10th tee.

Austin Clagett and his attorney Andrew Norwood joined "America's Newsroom" Monday to discuss the lawsuit after he was denied the keys to a new truck as advertised.
"The truck was parked next to the hole, and there was a woman sitting on the tee box with a pair of binoculars that said, ‘This is the hole, if you do it you win it,’" Clagett told co-hosts Bill Hemmer and Dana Perino.

Morrilton Country Club, one of the oldest golf facilities in Central Arkansas, located in Morrilton, said anyone who got a hole-in-one on the 10th hole would receive the keys to a 2022 F-150 thanks to a local dealership, Jay Hodge Ford. The competition was billed as the "Tournament of the Century."


Austin Clagett poses with his hole-in-one ball and what he thought would be his prize (Faulkner County Circuit Clerk Records)
Clagett, who never hit a hole-in-one before, said he was in disbelief when he heard, "You made it, you made it!" after hitting the ball.
But when Clagett went to collect his prize, the dealership said he was "out of luck."

According to Jay Hodge Ford, the club promoted the truck as a prize without their knowledge and they didn’t have the proper time required to get insurance for the vehicle.
"Without our knowledge, Morrilton Country Club promoted that this new truck would be available as a winning prize at the event despite our agreement that it would be for display purposes only," the company said. "Jay Hodge Ford of Morrilton would like to extend its sincerest apologies to the community for this misunderstanding and we look forward to serving everyone in the future."

Clagett's attorney Andrew Norwood argued the truck should be his according to the tournament rules.

"They made an offer that said anybody that pays your entry fee and comes here and hits this hole-in-one will win the offer," Norwood said. "Austen accepted that offer when he paid his $375… He showed up per their request and on their hole that they put out there, they designated he hit a hole in one."

Morrilton County Club didn’t immediately respond to Fox News Digital’s request for comment.
The lawsuit seeks damages valued at the truck’s sticker price — about $53,000 — as well as the cost in legal fees.
Fox News' Ryan Gaydos contributed to this report.

Elizabeth Heckman is a digital production assistant with Fox News.
 
Blacknarwhal

Blacknarwhal

Let's Go Brandon!
Luddite said:
:rolleyes:
So the dealer just lets their trucks be seen out on a golf course.?????

If I owned the dealership I'd honor the prize even if someone working for me failed to buy the insurance.

Bad bad publicity. More than 53k worth...
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Yeah, exactly.

"We look forward to serving the community!" Yeah, lotsa luck with that one, chief. I wouldn't buy a moped from your fly-by-night operation now.
 
Illini Warrior

Illini Warrior

Illini Warrior
good luck with the Attorney General - they watch that charity event stuff like a hawk - the guy either gets that $$$ value as promised & promoted or butt starts getting reamed .....
 
Countrymouse

Countrymouse

Country exile in the city
Luddite said:
:rolleyes:
So the dealer just lets their trucks be seen out on a golf course.?????

If I owned the dealership I'd honor the prize even if someone working for me failed to buy the insurance.

Bad bad publicity. More than 53k worth...
Click to expand...
Ummmmmm.....

Insurance, my foot!

ANY car dealership (if operating legally) ALREADY HAS INSURANCE--there's a special kind for dealerships--and that covers ANY of their cars, ANYWHERE they (the dealerships) take them--otherwise, the car wouldn't be covered when potential buyers take a "test-drive" in them!!!

So--unless the dealership is trying to claim they didn't KNOW their truck was physically out there sitting on that golf course--in other words, that it was STOLEN and put there---IT. HAD. INSURANCE.

Period.

For them to try to claim they can't give him the car due to "insurance" reasons is ridiculous.

Now if the dealership is claiming that THEY didn't give PERMISSION for the Country Club to give away the car, then the dealership has a legal claim against the Country Club for false / fraudulent advertising, and the whole monkey would be on the back of the country club for making such an offer.

But if the dealership KNEW that the country club was making this offer, they're BOTH on the hook.

The "insurance" excuse, however---doesn't fly.
 
H

hoss

Out to lunch
This is not typical auto insurance. The insurance is kind of like better’s insurance between the dealer and a third party. I’m probably not saying this well. Basically the dealer buys insurance against someone hitting a hole in one. That way the dealer is not out the entire 50k
 
P

Profit of Doom

Dismember
hoss said:
This is not typical auto insurance. The insurance is kind of like better’s insurance between the dealer and a third party. I’m probably not saying this well. Basically the dealer buys insurance against someone hitting a hole in one. That way the dealer is not out the entire 50k
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That’s is basically it. A long shot, high payoff contest. Cheaper than someone actually scoring. Wife worked in and around radio. Someone created a lotto type program with similar type odds. Had to submit the software to the insurance company. Don’t remember if they accepted it. He was a slimeball, so maybe they didn’t.
 
dawgofwar10

dawgofwar10

Veteran Member
Like it was said before they have hole in one insurance for this, the dealership insurance is what is known as garage policy insurance for damage to there vehicles. Someone should have put hole in one insurance on that.
 
Pat Hogen

Pat Hogen

Contributing Member
I entered a Pro Open competition in the late '80s, a Pro Open meant that non-Pros (Amateurs) played as well. I was on a 22 handicap and the 9th hole had a vehicle offered as a hole-in-one prize. You guessed it, I sank the par three hole-in-one. I did not get the vehicle because I was an amateur and amateurs are restricted to winning over a certain amount. I did win a golf buggy instead. Actually, that day I carded a 62 won the comp and lost three strokes.
 
B

bracketquant

Veteran Member
Countrymouse said:
Ummmmmm.....

Insurance, my foot!

ANY car dealership (if operating legally) ALREADY HAS INSURANCE--there's a special kind for dealerships--and that covers ANY of their cars, ANYWHERE they (the dealerships) take them--otherwise, the car wouldn't be covered when potential buyers take a "test-drive" in them!!!

So--unless the dealership is trying to claim they didn't KNOW their truck was physically out there sitting on that golf course--in other words, that it was STOLEN and put there---IT. HAD. INSURANCE.

Period.

For them to try to claim they can't give him the car due to "insurance" reasons is ridiculous.

Now if the dealership is claiming that THEY didn't give PERMISSION for the Country Club to give away the car, then the dealership has a legal claim against the Country Club for false / fraudulent advertising, and the whole monkey would be on the back of the country club for making such an offer.

But if the dealership KNEW that the country club was making this offer, they're BOTH on the hook.

The "insurance" excuse, however---doesn't fly.
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An insurance policy would be taken out on the chance that someone gets the hole-in-one, not on the truck.

Say there is a 1 in 100 chance of any of the golfers in that tournament winning a $50,000 vehicle. An insurance company would make the policy cost maybe $1,000. One can figure out the rest, if they're good at maths.
 
Countrymouse

Countrymouse

Country exile in the city
I'll run this by the guys in my office tomorrow. I've never heard of a type of insurance in regards to gambling (which is essentially what this is) except 'maybe' for a casino--and I'd have to check on that.

Bottom line, their lack of insurance has ZILCH to do with their offering a truck (and/or ALLOWING one of their trucks to be taken out there, with or without fully knowing / approving the circumstances). If the country club made the offer w/o clearing it with the dealership--well, then they owe the dealership the cost of the truck.

But if the DEALERSHIP KNOWINGLY allowed the offer of the truck---insured, non-insured, MAKES NO DIFFERENCE.

(though I maintain again that EVERY dealership--unless it's "Pacho's Quick Cars" down some alleyway--has "Dealers / Garage Insurance". It's a BIG thing and they would not be able to buy General Liability insurance for their buildings / stock / liability without also having the Dealers / Garage insurance (and those two are different things---google "commercial dealership insurance" to see).
 
packyderms_wife

packyderms_wife

Neither here nor there.
Tripod said:
He paid the fee, made the shot, give him the damn truck already.
This is going to cost somebody dearly.
Mike
Click to expand...

Both the dealership and the golf course is what I'm seeing being taken down to size.

My guess is he gets a spanking brand new truck, and a life time membership with extra perks to that golf course! If they're smart they'll even throw in a brand new set of golf shoes, clubs, and a lifetime supply of golf balls and tees, maybe even a golf cart. Otherwise, it's gonna really hurt them!
 
Countrymouse

Countrymouse

Country exile in the city
Found this site--

the dealership has hit the jackpot--they've met ALL THREE LEGAL REQUIREMENTS TO BE GUILTY OF FRAUD:

Basic Legal Concepts

WHAT CONSTITUTES FRAUD

Under common law, three elements are required to prove fraud:
a material false statement made with an intent to deceive (scienter),
a victim’s reliance on the statement,
and damages.
 
H

hoss

Out to lunch
Pat Hogen said:
I entered a Pro Open competition in the late '80s, a Pro Open meant that non-Pros (Amateurs) played as well. I was on a 22 handicap and the 9th hole had a vehicle offered as a hole-in-one prize. You guessed it, I sank the par three hole-in-one. I did not get the vehicle because I was an amateur and amateurs are restricted to winning over a certain amount. I did win a golf buggy instead. Actually, that day I carded a 62 won the comp and lost three strokes.
Click to expand...
Sure your name isn't Ben? Darn, a 62 is phenomenal.
 
H

hoss

Out to lunch
Tripod said:
He paid the fee, made the shot, give him the damn truck already.
This is going to cost somebody dearly.
Mike
Click to expand...
The dealer should be trying to settle ASAP. They are going to get hosed. Admit the mistake, offer the guy $15K and hope. The is my not so legal advice.
 
P

Publius

TB Fanatic
Yes Insurance and they will take X-amount of money knowing that odds of someone sinking that ball in one shot are very high and the Insurance company almost always wins, but they make more than enough money doing this to cover the cost should some actually do it and in this case make a hole in one.
It seems the Country Club failed to get the insurance in a timely manner and As I see it with all the advertisement the Country Club is on the hook for a new truck to the man who made the hole in one.
 
Countrymouse

Countrymouse

Country exile in the city
Publius said:
Yes Insurance and they will take X-amount of money knowing that odds of someone sinking that ball in one shot are very high and the Insurance company almost always wins, but they make more than enough money doing this to cover the cost should some actually do it and in this case make a hole in one.
It seems the Country Club failed to get the insurance in a timely manner and As I see it with all the advertisement the Country Club is on the hook for a new truck to the man who made the hole in one.
Click to expand...
again, I don't think there even EXISTS the kind of insurance you all are talking about.

This would be insurance against the other person winning the contest--which is essentially insurance for GAMBLING.

Which--as far as I know--DOES NOT EXIST.

The only insurance I found for gaming establishments and casinos is to cover them from losses incurred from people STEALING money or chips--not from their WINNING against the casino.

(Remember that in insurance parlance, a "risk" means whatever or whoever the insurance company is insuring; a "loss" does NOT mean the insured person or entity lost money but that the INSURANCE company had a "loss"--a CLAIM that they had to pay. They do NOT insure against a "monetary" loss that did not occur as the result of theft or catastrophe, like a fire burned it up or tornado blew it away---they are NOT the "FDIC" for casinos--nor are they for this dealership).

Here's a link you can check out:

Casino Insurance | Gaming Insurance - Fidelity / Crime - Great American Insurance

In the gaming industry, vast amounts of money and chips pass through the hands of employees and guests. Learn how Great American's casino and gaming insurance can add another layer of security.
www.greatamericaninsurancegroup.com www.greatamericaninsurancegroup.com
 
Countrymouse

Countrymouse

Country exile in the city
vessie said:
They are all insured.

Even if they leave the lot.

My husband has been a car dealer for over 40 years in the Seattle area. V
Click to expand...
THANK YOU for trying to restore some sanity to the conversation.

Early on, some started the rumor that there's an insurance against losing money in a bet---and everyone ran with it.

Until someone shows me better---I do not believe such a type of insurance exists.
 
H

hoss

Out to lunch
Countrymouse said:
again, I don't think there even EXISTS the kind of insurance you all are talking about.

This would be insurance against the other person winning the contest--which is essentially insurance for GAMBLING.

Which--as far as I know--DOES NOT EXIST.

The only insurance I found for gaming establishments and casinos is to cover them from losses incurred from people STEALING money or chips--not from their WINNING against the casino.

(Remember that in insurance parlance, a "risk" means whatever or whoever the insurance company is insuring; a "loss" does NOT mean the insured person or entity lost money but that the INSURANCE company had a "loss"--a CLAIM that they had to pay. They do NOT insure against a "monetary" loss that did not occur as the result of theft or catastrophe, like a fire burned it up or tornado blew it away---they are NOT the "FDIC" for casinos--nor are they for this dealership).

Here's a link you can check out:

Casino Insurance | Gaming Insurance - Fidelity / Crime - Great American Insurance

In the gaming industry, vast amounts of money and chips pass through the hands of employees and guests. Learn how Great American's casino and gaming insurance can add another layer of security.
www.greatamericaninsurancegroup.com www.greatamericaninsurancegroup.com
Click to expand...
Sometimes if you find yourself in a hole it's wise to stop digging. Some of us know what we are talking about in this thread. I personally play a lot of golf and have participated many times in hole in one contests. It's not rocket science. This type of insurance is an actuarily-sound way to spread risk.
 
Countrymouse

Countrymouse

Country exile in the city
hoss said:
Sometimes if you find yourself in a hole it's wise to stop digging. Some of us know what we are talking about in this thread. I personally play a lot of golf and have participated many times in hole in one contests. It's not rocket science. This type of insurance is an actuarily-sound way to spread risk.
Click to expand...
So please tell me more about this insurance against losing in a bet. What type of insurance is it? What is it called? Is it a liability insurance or a property insurance?

And I don't play golf. But I work in an insurance office. Like I said earlier, I will ask the experts in my office tomorrow. But of the many many types of insurance I've heard of, I have never heard of an insurance against losing a bet.

I'm going to go now to google and see if you can buy insurance against losing money in Vegas, which is the closest parallel I can think of.

And again--even if there "IS" such a type of insurance, the dealership's saying "we don't have to keep our promise and we're not liable for keeping our promise because we didn't buy insurance" is like an uninsured driver hitting your car after running a red light and then claiming he doesn't owe to fix your car because he didn't have insurance....
 
biere

biere

Veteran Member
The insurance is for contests. Like at basketball game and someone making basket from half court contest. This hole in one contest would be similar. It is not going to be an insurance everyone is familiar with because it is for big contests and stuff. Saves the golf course or Ford dealer risking full cost of vehicle each time.
 
Countrymouse

Countrymouse

Country exile in the city
Read the FINE PRINT---this is for employing this company to CONDUCT THE EVENT---and they clearly state they are NOT an "insurance company" and this is NOT "insurance"---even though they "call" themselves that. see below:

In this case, they didn't NEED a monetary "claim" to be filed, because the truck had already been promised / provided.

As some noted above, the country club needs to just swallow this, BUY the truck from the dealership (it's probably less than half of ONE member's annual membership fee) and GIVE it to the winner.

The dealership and the country club are BOTH guilty of FRAUD.

www.nationwideholeinone.com

How It Works

Hole In One Insurance is a type of prize indemnification coverage taken out by golf tournament sponsors. Know more about it in our Guide.
www.nationwideholeinone.com

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