A Word About Insurance
by Attorney Clay Konnor
Reprinted from "Crown Jewels of the Wire", March 1992, page 14
If your house burned down tomorrow and your entire collection of insulators
was lost, would you be able to recover their value from your insurance company?
The answer is a definite maybe. It seems like a simple question, but the answer
unfortunately opens a Pandora's box of insurance policy language, exclusions,
and statutory and common law concepts. This article is intended to share with
you some basic principles of insurance as it relates to this hobby. It is by no
means a treatise on the subject and in all cases a careful review of your policy
is required.
Typical homeowner's policies protect the insured against risks
primarily arising out of activities at or around the Homestead or Residence
Property. The homestead property is typically defined as the place where the
insured resides or the part of other premises, structures or grounds used by the
insured as a residence. Coverage does not, however, stop here. Generally, your
property that is normally kept in your home that is away from the premises at
the time of loss is covered.
First, let's look at the situation, or disaster,
identified above. There are many ways that you could lose your insulator
collection, or part of it. It could be lost as a result of fire, theft,
vandalism and so on. Generally, if your collection is lost in any of these ways
it is covered. Covered, however can also mean several things. The treatment of
personal property under insurance policies can generally be treated two ways.
First, the policy could provide for replacement of the item by payment of the
fair market value at the time the item was purchased less depreciation if any.
Modem policies, however, provide for true replacement cost.
Replacement cost
policies are by far preferable for just about every homeowner or renter. The
extra cost for replacement cost coverage is very small in comparison to the
benefit gained. In theory an insurance company would be obligated to pay
whatever it takes to replace the lost items with comparable merchandise. This
usually means a new piece as close as possible to the original. If you lost a
Sunbeam toaster model 101, for example, the insurance company would compensate
you the amount to purchase the same toaster in today 's market, regardless of
price increase.
What about insulators?
The problem with insulators is two-fold. First, literally all policies have
exclusions for "antiques or similar articles of rarity or antiquity which
cannot be replaced; or collectors items whose age or history contribute to their value." Second, the replacement cost in the event of
a one of a kind CD may be moot as there would be no replacement. Upon making a
claim, an insurance company would clearly try to fit your insulator collection
into one of the above two categories and deny coverage.
The only
"sure-fire" protection against the loss of your collection would be a
separate rider to your policy. The trouble with these is their cost. As with all
insurance questions, it is up to the insured to weigh the risk against the cost
of the policy. If the insured elects to not purchase a separate rider due to its
cost here are some tips for attempting a claim under a conventional policy.
First, examine your policy's exclusions. An insurance adjuster is not going to
have a working knowledge of insulators, so it will be up to you to educate him
or her. Try to fit your insulators under something other than antiques.
"Antiques" is not a term you will find in your policy's definitions.
The company will, therefore, use a commonly accepted, or in some cases a court
defined definition of the term. Many insulators could be classified as not
antiquities due to their age. Second, always keep a complete list of your
insulators together with a photograph of the collection at a location physically
separate from the insulators themselves. This is absolutely essential to any
insurance claim. Insulators are not something that you would typically have
receipts for, so proof of ownership is going to have to come from something
else.
Second, provide the company with a detailed list of the items lost and the
cost of replacement. A book such as McDougald's price guide would be of use
here. The easier you make it for the insurance company, the greater the chances
of recovery. For this reason try to track down where replacements are available.
Remember the exclusion about difficult to replace items. If an item is not
readily replaceable you can take one of two positions. You could request a
suitable substitution, an insulator of similar value, or you could request a
cash settlement. In the case of a cash settlement for an item not replaceable,
however, most policies provide for depreciation of the item. For this reason I
recommend the former.
The business-pursuits exclusion
In addition to the exclusions mentioned above, one more merits discussion
here. Practically all homeowners or renter's policies provide that if the items
lost are part of a business pursuit they are not covered. This prevents the
insured from getting business coverage under her homeowner's policy. Dealers
beware! If an insurance company can classify your items as business related they
will not be covered. In attempting to determine whether an item is business
related an insurance company will look to several factors:
Most importantly, were the items part of an on-going business.
They will look to your tax returns to see how the items are treated there.
Was there a profit motive on the part of the policy holder relative to the
items.
Where were the items when lost and what were they doing there. If the items
were in your car on the way to a show where you were a dealer this could be a
problem.
What activities was the policy holder involved in around the time of the
loss.
The insurance company may take your sworn statement under oath to determine
these items. An insurance company must have a reasonable basis for denying a
claim in order to avoid a claim for bad faith. Reasonable basis is a term of art
which is defined by state law and will differ from state to state, but generally
means that they have some concrete basis.
In applying the business-pursuits or
other excluding language of a policy an insurance company is sure to take the
broadest definition possible in order to deny the claim, so beware. This article
is only meant to expose you to some of these insurance concepts. It is essential
to think about these items now rather than after the unexpected happens.
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