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Wednesday, 03 July 2013 13:59

Andy Warhol Foundation Ends Lengthy Legal Battle

The Andy Warhol Foundation for the Visual Arts has ended a six-year clash with its insurer Philadelphia Indemnity Insurance Company, recovering almost $6.6 million in legal fees. The battle between the foundation and its insurer began over authentication issues and snowballed to include the repayment of related legal fees.

The dispute began in 2007 when art collector Joe Simon-Whelan sued the foundation’s authentication branch for alleged fraud and conspiracy relating to the purchase of his 1965 Andy Warhol self-portrait, which he paid approximately $200,000 for in 1989 and was later deemed inauthentic. Another collector, Susan Shaer, filed a similar suit again the foundation in 2010 bringing the legal fees doled out to nearly $7 million.

According to a statement released by the foundation, “both suits alleged an absurd scheme to manipulate the prices for Andy Warhol’s (1928-1987) artwork yet [they] were forced to dismiss their claims in late 2010…The Foundation’s insurers nevertheless refused to reimburse the Foundation for its legal costs incurred in defending these bogus suits, alleging that the Foundation’s insurance policies did not cover claims of this nature.” The funds have since been repaid by Philadelphia Indemnity and transferred to the foundation’s endowment.

The Andy Warhol Foundation was established in 1987 following the artist’s sudden death. The organization’s mission is to support the creation, presentation and documentation of contemporary visual art.

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A federal judge will settle an ownership dispute over a Pierre-Auguste Renoir (1841-1919) painting that was purchased at a flea market in West Virginia for $7. The FBI is currently holding the painting until the argument is settled.

Marcia “Martha” Fuqua claims to have purchased the painting in 2009 and subsequently stored it in a trash bag until she had the work authenticated two years later. After learning that the painting was an authentic Renoir, Fuqua planned to sell the work at auction; it was expected to garner around $75,000. However, Fuqua’s plan was foiled when documents from the Baltimore Museum of Art surfaced, revealing that the painting had been stolen in 1951. It was later determined that an insurer, the Fireman’s Fund, paid a $2,500 claim on the theft; the insurer is now battling Fuqua for ownership of the painting.

Paysage bords de Seine (1879) is believed to have been painted by Renoir on the spot for his mistress. An appraiser hired by the FBI estimated the painting’s worth at approximately $22,000, considerably less than Fuqua’s appraisal as concerns regarding the painting’s ownership and possible theft have lowered its value.

U.S. District Judge Leonie Brinkema ordered Fuqua and the Fireman’s Fund to make their cases in written pleas later this month. The FBI is still investigating the case.

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