Insurance only Pays for Fortuitous Loss

0
2K

Insurance Only Pays for Fortuitous Losses

Read the full article at https://lnkd.in/d5PzkgWM and see the full video at https://lnkd.in/dwRCQUAA and at https://lnkd.in/d8p2WgD9 and at https://zalma.com/blog plus more than 4750 posts.

Misplaced Trust Excluded

Insurance Only Pays for Fortuitous Losses

Read the full article at https://lnkd.in/d5PzkgWM and see the full video at https://lnkd.in/dwRCQUAA and at https://lnkd.in/d8p2WgD9 and at https://zalma.com/blog plus more than 4750 posts.

Misplaced Trust Excluded

W.W. Contracting, Inc. and its owner, Doug Williams (collectively, W.W.), entrusted tools to a W.W. employee but demanded their return at the end of his employment. When the now-former employee allegedly failed to return all the tools, W.W. reported them as stolen and sought insurance coverage for the alleged theft. W.W.’s insurance company denied the claim primarily because W.W.’s insurance policy excluded coverage for property loss “caused by or resulting from dishonest acts by anyone entrusted with the property.”

In Doug Williams and W.W. Contracting, Inc. v. Pekin Insurance, Inc., No. 23A-PL-995, Court of Appeals of Indiana (March 4, 2024) the Court of Appeals resolved the dispute.

FACTS

W.W. employed Dante Wells from December 2017 to January 2019. During this time, Wells allowed W.W. to store its company tools on a piece of real estate Wells owned in Tippecanoe County. In exchange, W.W. allowed Wells to use the tools for “side work” in his own name.

In March 2019, after Wells stopped working for W.W., the company demanded that Wells return the tools stored on his property. When Wells refused, W.W. reported the tools as “stolen” to the Tippecanoe County Sheriff’s Department and sued Wells for replevin. Wells eventually returned what he claimed were all of W.W.’s tools. W.W. therefore submitted an insurance claim to its insurance company, alleging Wells stole the missing tools.

THE POLICY

At all relevant times, W.W. Contracting, Inc. was the named insured on a commercial insurance policy (the Policy) issued by Pekin Insurance (the Insurer). The policy excluded: “Dishonest Act/Entrusted Person, We will not pay for a ‘loss’ caused by or resulting from dishonest acts by anyone entrusted with the property.”

DISCUSSION

W.W.’s allegation that Wells stole its tools established the occurrence of a dishonest act for purposes of the Insurer’s motion for summary judgment.

Wells Was a Person Entrusted with W.W.’s Tools

By entrusting its tools to Wells, W.W. placed its confidence in Wells not to steal the tools.

ZALMA OPINION

When an insurance policy excludes certain potential losses in clear and unambiguous language a court must apply the exclusion as written. There was no question that WW entrusted the tools to Wells and claimed he either stole the tools or they disappeared mysteriously. Both potential events were excluded and the policy excluded the claimed loss.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://lnkd.in/gcZKhG6g

Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk 

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://lnkd.in/gcZKhG6g

Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk 

Sponsor

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Căutare
Categorii
Citeste mai mult
Alte
The Covenant of Good Faith & Fair Dealing
The Development of the Implied Covenant of Good Faith and Fair Dealing Read the full article at...
By Barry Zalma 2020-11-30 13:56:17 0 4K
Alte
Fairly Debatable Action by Insurer
Fairly Debatable Action by Insurer Read the full article at https://lnkd.in/gP9dTb2F, see the...
By Barry Zalma 2024-04-12 13:37:21 0 2K
Alte
The Welcome Fire
True Crime Stories of Insurance Fraud Number 25See the full video at https://lnkd.in/d_8nyaeh and...
By Barry Zalma 2022-02-25 14:20:43 0 4K
Alte
Zalma's Insurance Fraud Letter - January 1, 2021
Zalma’s Insurance Fraud Letter – January 1, 2021 Read the full article at...
By Barry Zalma 2021-01-04 13:07:19 0 3K
Alte
Rescission & The Covenant of Good Faith
The History of the Equitable Remedy of RescissionRead the full article at...
By Barry Zalma 2023-05-29 13:20:13 0 3K