Tag Archives: Theft

Theft of Homeowner Property after Hurricane Harvey

After the rain finally stopped falling in the wake of Hurricane Harvey, many homeowners removed personal property from their homes, generally to permit it to dry in the sun. Unfortunately, while we saw many examples of humanity’s best side during Harvey, there remain those who cannot resist the temptation to steal from those who have … Continue Reading

Cell Phone Records Support Insurer’s Denial Based on Fraud

When insurers investigate insurance claims and suspect that something about the claim is not quite right, they often assign special investigation units evaluate whether the claim lacks merit or is otherwise fraudulent. In Young v. Progressive Casualty Insurance Company,1 a federal district court in California recently upheld an insurer’s denial of its insured’s claim for … Continue Reading

Insurance Dispute Stemming from Denial of Coverage for Stolen Baseball Card Collection Highlights Bad Faith Claims Handling

The Arizona Court of Appeals recently overturned a trial court’s dismissal of an insured’s bad faith case stemming from a disagreement with an insurance company over coverage for a stolen baseball card collection.1 As a kid who grew up collecting baseball cards, I took particular interest in this case.… Continue Reading

Risks and Activities Covered by Insurance Policies

Often, your insurance policy will protect your property from loss by burglary, larceny, and other types of offenses. However, policies also contain numerous exclusions so it is important to read the small type in these policies because insurance companies often narrow these common-law offenses by placing certain requirements on the activity. For instance, the policy … Continue Reading

Building Damage Caused by Copper Theft Is Not Excluded

Theft of copper wiring or piping is a loss that impacts many in urban areas, but whether there is coverage for the loss is usually dependent upon the specific language of the insurance policy. This issue was recently addressed by the Tennessee Court of Appeals in Dillon v. Tennessee Farmers Mutual Insurance Company.1… Continue Reading

Yacht or Boat Insurance: Check the Vessel’s Theft Coverage

Many insureds feel that by paying a high premium and having a good relationship with their insurance broker, they should have good insurance or better than average coverage. Relationships and continued service creates a bond and trust between broker and buyer. However, it is still critical that the insured review and read the insurance policy. Reading … Continue Reading

What Is and Is Not Vandalism and Theft Loss in a Property Insurance Policy

Ever wonder what is in thieves and criminals minds when they are rummaging through stuff to either steal or destroy property? One recent Connecticut case, Mercedes Zee Corp. v. Seneca Insurance Company,1 involving the distinction between theft and vandalism would leave jurors to decipher the criminal mind and determine whether the motive of criminals was … Continue Reading

Will Lava Flow Bring Insurance Theft Claims?

The last few weeks the world has turned its attention to the Puna lava flow on the big island of Hawai’i. Two weeks ago I visited this subject as the ‘a’a (creeping) lava neared the town of Pahoa and the questions of whether the damages would be covered under a fire claim or an earth … Continue Reading

The Theft/Burglary Exclusion in Colorado

An order was recently handed down in Colorado federal court interpreting a policy theft exclusion.1 The plaintiff owned and insured a manufacturing facility. The policy provided coverage for damage caused by vandalism or malicious mischief, defined as “the willful and malicious damage to or destruction of the property covered.” It excluded coverage for loss “by pilferage, … Continue Reading

Can Theft and Vandalism Occur at the Same Time in Texas?

Texas courts have ruled that insurance policies which provide coverage for vandalism, but exclude coverage for theft, also exclude any damage that is “in furtherance of theft.” Practically speaking, if a thief breaks through your interior sheetrock walls to steal the copper wires behind them, a typical insurance policy will exclude coverage completely, even for … Continue Reading

Invoices: A Practice Tip for Policyholder Counsel and Public Insurance Adjusters — A Warning to Otherwise Honest Policyholders

An insurance company adjuster’s request for invoices of personal property items can be a trap for otherwise honest policyholders. I have been thinking about this topic as a result of Corey Harris‘ post, Notifying the Police in the Case of a Theft Loss, and the weekly highlighted fraud case in Claims Magazine, "Fraud of the … Continue Reading

Vandalism, Theft And Arson Insurance Claims Rise

The deteriorating economy appears to be having an impact on our business. We are being referred more insurance disputes involving losses that are directly the result of the souring economy. For the first time in a decade, we have been referred several fire claims that are allegedly of an incendiary (intentionally set) cause. There are … Continue Reading