Q

We have had a somewhat unusual claim presented to us. The insured has an HO 03. She had to go out of town and left her car parked in a locked garage. When she returned she found the garage had been broken into, as had her car. Nothing appeared to have been stolen.

However, later that month when her phone bill arrived she found someone managed to access her cellular phone to make extensive long distance calls, for which she is being held responsible. The policy provides $1000 for electronic apparatus in or upon a motor vehicle. And, this particular model of cellular phone can be used away from the car. Is this where coverage is found for this loss?

Pennsylvania Subscriber

A

Although the policy provides some coverage for electronic apparatus in or on a motor vehicle, the wording states that coverage applies to loss to electronic apparatus. The equipment was not stolen, nor was it damaged. What was stolen was the phone time. This loss is closely allied to the theft of a utility, but what has been stolen in this instance is the insured's right to access the utility, i.e., the phone service. The right to use the phone service is simply that—a right, and not her personal property, as would be the case if, say, water had passed through her water meter and thus become her personal property. Since her personal property has not been stolen, there is no coverage for this loss.