October 16, 2013
- 217 Insurance
- 217XVI Coverage–Property Insurance
- 217XVI(A) In General
- 217k2139 Risks or Losses Covered and Exclusions
- 217k2153 Theft or Burglary
- 217k2153(1) k. In General.
Police officers’ seizure of insured’s marijuana at his home pursuant to a search warrant did not constitute a “theft” within coverage of homeowner’s insurance policy with no specific language including or excluding governmental acts, regardless of whether insured lawfully possessed the marijuana under California law, and regardless of the mental state of the police officer who prepared the statement of probable cause attached to the warrant application, because the seizure was not criminal, nor was there any evidence of an intent to deprive the insured of his property permanently and in a criminal manner, rather than by due process of law.
Barnett v. State Farm General Ins. Co., 132 Cal.Rptr.3d 742 (2011)
Suggested by Jody Nathan, Attorney; Stauffer & Nathan; Tulsa, Okla.