Property in Transit — Theft of Entire Bale or Case

Q

We insure a furnace contractor under form CP 10 30. While off premises at a job site, the contractor's truck was broken into and some $4000 work of furnace motors, switches, etc. were stolen. All were separately packaged.

Since the property was off premises, no coverage exists. Under the additional coverage extensions, however, there is off premises coverage for the theft of an entire bale, case, or package from a locked vehicle.

Our claims department believes that the provision as it pertains to this loss is ambiguous, and as the insurance contract is a contract of adhesion, they paid the $1000 limit for this coverage extension.

I maintain the clause is perfectly clear — bale, case and package are singular, not plural, therefore, coverage applies up to $1000 per package for all packages. If all the furnace motors were on a single pallet in the truck and banded together, this might constitute a bale or package, but if the individual packages are loose, coverage would be limited to the highest valued package, but not more than $1000.

Ohio Subscriber

A

The property in transit coverage extension applies to personal property lost or damaged as a result of theft of an entire bale, case or package by forced entry into a locked vehicle. Coverage is limited to $1000.

We disagree with your claims department that the clause is ambiguous; however, we also disagree with your opinion that coverage is limited to a single bale, case or package. We think the phrase “loss must be caused by or result from . . . theft of an entire bale, case or package” limits coverage to only the theft of bundled items, and excludes coverage for individual or loose-laying tools and equipment. However, we do not think that the use of the descriptive word an (entire bale or case) can be used to limit coverage to one bale or case. Inasmuch as exclusionary language in an insurance policy must be construed narrowly in favor of the insured, without more specific language limiting coverage to one, or single, bale or case, then coverage applies to all bales or cases stolen, up to the $1000 limit.

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