We are not responsible... (1 Viewer)

[Max Leung]

Slightly OT, but nearly all my insurance policies have changed since 9/11 so that acts of terrorism are not covered. This really sucks, because couldn't the insurance company claim that the thief that bashed my door in and took all my DVDs was "committing an act of terror"? (They could point to governments around the world applying the word "terror" to anything and everything as precedent).

I mean, the thought of someone stealing all my stuff is rather terrifying.

Grrrrr.

 

[Chris Lockwood]

> This really sucks, because couldn't the insurance company claim that the thief that bashed my door in and took all my DVDs was "committing an act of terror"?

No, I was told by an insurance agent that the gov't has to classify an act as terrorism for that provision to kick in.

 

[Philip_G]

So does "bailment" mean taking care of stuff?

Pretty much, I guess an example is when you give your car/house/airplane to someone else for a period of time, and expect to get it back in the same, or better condition. A bodyshop, mechanic, parking garage, they have complete control of your chattle and you are not around.

 

[MarkHastings]

Philip, I can see if you leave your car at a body shop and they drop a hammer on your hood, but what if some lunatic with a gun comes in and steals the car (or starts smashing windows with a bat)? Is the garage responsible then?

 

[Philip_G]

dunno. I would say yes. It's in their care, they have insurance, would this have happened in your garage at home? probly not.

 

[MarkHastings]

It's in their care, they have insurance

But I would think your insurance would cover the theft. I don't think it matters who's 'care' it is in. Again, I don't know the law, but whenever you can't provide a person at fault - it always seems that your own insurance company has to pay for the damage to your car. The garage is at fault if they accidentally damage the car, but is it technically their 'fault' if someone busts in and damages the car? Yes it's in their care, but is it legally their fault? I guess that's for the law to decide.

 

[Max Leung]

No, I was told by an insurance agent that the gov't has to classify an act as terrorism for that provision to kick in.

Whew! At least I can trust the gumment.

 

[Philip_G]

But I would think your insurance would cover the theft. I don't think it matters who's 'care' it is in. Again, I don't know the law, but whenever you can't provide a person at fault - it always seems that your own insurance company has to pay for the damage to your car. The garage is at fault if they accidentally damage the car, but is it technically their 'fault' if someone busts in and damages the car? Yes it's in their care, but is it legally their fault? I guess that's for the law to decide.

perhaps you'd have to prove negligence er something on their part, but you bet I'm going to try and put the claim on their policy and not my own, my rates are sky high as it is.