Quote:
Originally Posted by Lorewalker
I am sure one could argue and your carrier might even say you were partially liable.
If you left the stuff overnight at a show in unlocked cases, no body bag and knowing the show did not provide security at night, I think your claim could be denied.
Same for leaving stuff in your room. If the hotel knows you are there for the card show and you leave the stuff out in the open knowing employees have access to the room and you leave for a long period of time, your claim could be denied.
Bottom line is that the most reasonable safeguards possible must be used when valuables are on or off premises. I do not feel leaving the box at the front desk, essentially that has 2 million worth of cards and a rep who is not going to be there for days, rises to the level of safeguarding.
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No, that is incorrect. Any policyholder's duty of care in specific instances or any exclusions for not taking specific actions must be specified in the policy itself or the lack of specifics will go against the carrier. For example, my ACNA policy says this:
"We will not pay for “loss” or damage caused by or resulting from covered property being shipped by the insured via 1st class mail. However, items sent by any common carrier where a signature of receipt is required would not be subject to this exclusion."
If the carrier doesn't actually get a signature, the insurer cannot deny coverage if I shipped via a method that 'required' signature. The clause would have to state that the signature must be required and successfully obtained. I once had a case where the client's warehouse was burglarized and the insurer tried to deny the claim because the required alarm system was functional but not armed at the time of the break-in. The policy required that the insured have a functional alarm system but did not require that it be armed at the time of the incident or exclude coverage if the alarm system was not armed. Insurer ponied up once I pointed this out and threatened a bad faith case.