Personal Inland Marine Loss

Our insured had a loss to a diamond ring scheduled on an HO-61. She found to her amazement it appeared to have cracked. She took it to two different jewelers, both of whom stated the diamond was indeed cracked. The jewelers said she could have bumped it against something, but she does not remember doing anything to cause this damage.

There are two opinions concerning damage for this. One opinion is that there is no coverage, since the diamond must have had a latent defect or it would not have cracked. The other opinion is that the coverage is “open perils” and the loss is covered, since there is no way to prove the ring had a latent defect.

What is your opinion?

Florida Subscriber

Diamonds can indeed crack if struck in the right way. The blow need not even be very hard. A diamond cutter, when presented with a very large diamond to be made into smaller diamonds, studies the stone to find where the flaws are. Having made a decision, he will tap the stone to break it into the smaller stones to be cut to shape. (Obviously, not something undertaken lightly.)

Is this an “inherent vice?” (The term “latent defect” is not used in the exclusion.) Since it is in the nature of most diamonds to contain flaws (as most gemologists will attest) it would be hard to argue that only the flawless stone is free from “inherent vice.” In fact, considering the price of a flawless stone, few could afford one and fewer companies would choose to insure one.

One further point – if an appraisal was made on the ring it should indicate the “clarity” through using the letters “v” for “very” and “s” for “slight,” or some variation thereof. In other words, the appraisal might show something like “vvs” for “very very slight” which indicates a very very slight flaw. If the diamond had a flaw then it could well have cracked along the flaw line. If the ring was acceptable to the company prior to the loss, the standards cannot be changed following the loss as a ground for denying coverage. Therefore, the loss is covered.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis