One Occurrence or Multiple Occurrences in Theft Loss

July 13, 2011

Insured runs a coin operated laundry with two change machines. On the morning of the date of loss, one change machine and the control room was broken into and money taken. Insured made temporary repairs. Later that day, the control room and the second change machine were broken into.

The policy states that “we will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the Deductible shown in the Declarations.”

It is our position that there were two occurrences at this property on the date of loss. There was a break of three to six hours between the occurrences.

What is your evaluation?

New York Subscriber

Generally, courts have held that an occurrence is one proximate, uninterrupted, and continuous cause that results in all of the injuries and damages. From what you describe, there were two separate thefts. And, as you stated, the thefts—even if performed by the same perpetrators—were separated in time. So, they would be two separate occurrences.

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