My herd is growing! Donice Krueger had a surprise birthday present for me three years ago: A grand champion cow her ranch foreperson’s grandson raised by hand was bought at auction by Donice for my birthday present. I named her Katy Perry, after my favorite singer. Katy had a calf I named Daisy a year ago. A couple of weeks ago, Orlando was born. My Texas buddies know that I am NOT an “all hat, but no cattle type of guy.”
A federal appeals court upheld coverage for a $32m theft loss under a business crime policy this week.1 The theft by the employee took place over years and involved an elaborate scheme accomplished primarily by altering many transactional and financial documents related to grain sales. …
After the death of George Floyd last month, riots followed peaceful protests in cities across the country, including Illinois, and many have been overwhelmed by the scale of property damage, looting, and vandalism. As a result, Illinois Governor J.B. Pritzker issued disaster proclamations for 14 counties. To ensure that Illinois insurance consumer rights are protected, the Illinois Department of Insurance implemented Bulletin 2020-15.
Continue Reading Illinois Department of Insurance Requests Insurers Implement Protective Measures for Claims Due to Recent Vandalism and Looting
Theft is one of the few insurance claims that is based on the actions of another individual. Most claims are predicated on events that are outside the control of the homeowner, such as hurricanes and windstorms. Due to the human component of theft, if and to what extent a policyholder must prove intent in a theft claim can change dramatically depending on the policy language.
Continue Reading Proving Intent in Theft Claims Is Largely Dependent On the Policy Language
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 been hurt by a hurricane.
Continue Reading Theft of Homeowner Property after Hurricane Harvey
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 the theft of his motor home based on the policy’s fraud and misrepresentation provisions. The court’s decision was based primarily on the cell phone records of the insured’s son.
Continue Reading Cell Phone Records Support Insurer’s Denial Based on Fraud
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 Insurance Dispute Stemming from Denial of Coverage for Stolen Baseball Card Collection Highlights Bad Faith Claims Handling
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 may require entry by the wrongdoer with force and violence greater than that employed in any breaking to effect an entry.1 This technicality could mean the difference between a covered loss vs. an out of pocket loss.
Continue Reading Risks and Activities Covered by Insurance Policies
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 Building Damage Caused by Copper Theft Is Not Excluded
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 insurance policies isn’t thrilling like a chapter out of a David Baldacci novel, but you can ask your broker better questions and give specific instructions in a knowledgeable manner when you fully understand your current coverage.…