My construction equipment was stolen from my brothers property. I do not live there; he does. He isn’t willing to file a theft claim on my behalf. Wha

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 12, 2015

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Insurance Question from Bywood, PA

Asked on 11/12/2015

My construction equipment was stolen from my brothers property. I do not live there; he does. He isn’t willing to file a theft claim on my behalf. Wha My brother allowed me to place my equipment on his property. It got stolen? taken? Can I possibly file a claim against his homeowners insurance for my losses? ThanksMichael

Answer given on November 14, 2015

If you have your construction equipment stored at another location that is not yours, your insurance should still cover for the theft of the equipment, presuming you have insurance. Most insurance policies for equipment covered at locations other than your property. The deductible would apply to the loss.Your brother is not legally responsible for the theft as he was not responsible for the care of the equipment. He was allowing you to store the equipment and did not have the requirement to protect it. His insurance company will probably deny coverage since it was not his property or responsibility and it was commercial equipment, not personal.Call your insurance company and file a claim. If this is really construction equipment, hopefully you have business insurance, since your homeowner insurance will not cover business property. If you do not have commercial insurance, you probably will not have any recourse for an insurance reimbursement.

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