Recently I submitted a claim for an insured that operates a hospital. He carries insurance for his business's building and personal property under the CP 10 30 04 02 special coverage form. The insured claims that a scientific video monitor used in the intensive care unit was stolen.

The insurance company is denying the claim based on the exclusion found in limitation of coverage 1.e., which says, “We will not pay for loss or damage to: e. property that is missing, but there is no physical evidence to show what happened to it, such as a shortage disclosed on taking inventory.”

How, in a premises that is open 24 hours a day for public service, is there going to be physical evidence of forcible entry?