Theft of Snow Tires

An insured owns several automobiles and reports the theft from vehicle A of snow tires that had been removed from vehicle B. As cargo in vehicle A, the tires are not covered under the policy applying to A. Where, then, does the insured look for coverage; the homeowners policy or the personal auto policy on vehicle B?

Ohio Subscriber

The personal auto policy covering vehicle B takes precedence over the homeowners policy.  The physical damage agreement of the personal auto policy promises to cover the scheduled vehicle “and its equipment.” There is no requirement, stated or implied, that the equipment (snow tires) has to be attached to the vehicle at the time of its loss or damage.

The homeowners policy, though it may cover auto accessories and equipment that are held separate from a motor vehicle and not covered by an auto policy, is not applicable here because the automobile policy constitutes separate insurance that is more specific than the insurance on “unscheduled personal property” under the homeowners form. Coverage C of the homeowners form excludes property that is separately described and specifically insured.