Extent And Exceptions in Insurance Burglary Policy

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Extent and Exceptions in Insurance Burglary Policy

By

S J Tubrazy

Movable property of all kinds is liable to attract those minded to break in and steal and this is a risk which is capable of being covered by what is usually called burglary insurance. In ordinary practice the protection given by a burglary insurance policy is not confined to loss by burglary in the strict sense, but extends to loss by analogous crimes such as theft and robbery. A policy covering theft alone, although no doubt obtainable, is likely to be expensive.

The exceptions in a burglary policy are more or less standardized. There is usually an exception excluding losses due to hostilities and similar perils. Again, there is commonly an exception excluding losses, which are capable of being covered, and which are in practice covered, by some other kind of insurance, such as fire or plate-glass policies in the usual form. Therefore, if a thief breaks a plate-glass window for the purpose of obtaining entry to the premises, the breakage falls within the scope of a plate-glass policy. Most important, perhaps, is the exception excluding liability where the crime causing the loss is committed by, or with the connivance or assistance of, a person belonging to a specified class. The classes usually specified comprise inmates of the insured premises, members of the assured’s household or business staff, tenants, lodgers and persons lawfully on the insured premises. To bring the exception into operation, it is unnecessary to prove that an excepted person was the person who actually committed the crime, but the onus of establishing the exception is on the insurers. (Halsburry’s Law of England 4th Edition)

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