My father was arrested after being set up for selling his prescription pills and put in prison for over two years.

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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: Dec 27, 2012

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Insurance Question from Granite Quarry, NC

Asked on 12/27/2012

My father was arrested after being set up for selling his prescription pills and put in prison for over two years. After accepting a plea (so that he could not sue for false arrest), he came home where the door was broken by the police and his fishing gear and tools were stolen. His insurance company told him to file a police report which he did, and it was denied because the police will not accept responsibility. What can he do? Thank you

Answer given on December 29, 2012

If your father had a homeowner insurance policy then the policy would cover theft of property. It really does not matter that the door was broken down by the police or that they have not taken responsibility for the damage that caused the loss. Homeowner insurace policies often request, or even require a police report be filed for a theft loss. Many times one does not know who caused the theft, and a locked door is not required for the loss to be covered. Your father should go back to the insurance company and ask them to reconsider the claim. Keep in mind that the deductible will apply to the stolen property. If the property does not exceed the deductible, then the insurance policy will not make any payment. If the loss exceeds the deductible, then the insurance company should pay.If your father gets no success from the adjuster, ask to speak to a supervisor and see if they will review the claim.

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