Dropped Cell Phone

March 9, 2015

The insured, while driving his vehicle, had his cell phone in his lap. He parked his vehicle, and when he got out of his vehicle the cell phone fell to the ground outside of the vehicle, damaging the phone.

Under a HO-3, was the phone in or upon a “motor vehicle” at the moment of loss? The property was in a motor vehicle, but the damage occurred when the property fell outside the vehicle.

Assuming that the phone is considered an electronic apparatus, will the electronic apparatus special limitation of the HO-3 apply to this loss?

Puerto Rico Subscriber

Under the HO 00 03, coverage for personal property is named perils. The insured dropped his phone getting out of the car; there is no named peril for that, therefore there is no coverage.

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