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A Flipped Van, a Plumber on Shrooms, and the BOP Policy
A plumber drove the company truck the wrong way on a busy highway for some time before he realized, panicked, swerved, and flipped the truck. Police believe he was on illegal drugs, although he disputes it. His employer claims equipment damage under their BOP policy.
Notable Timestamps
[ 00:25 ] - The plumber (the business) is now making a claim under their businessowners policy, BP 00 03 07 13, for the $50,000 worth of plumbing equipment and parts damaged in the accident.
[ 01:45 ] - This episode was filmed at the 2025 PLRB Claims Conference in Indianapolis, right in the middle of the Expo hall at the PLRB booth!
[ 04:00 ] - The BOP: The hottest dance craze, or finally a policy too large for a pocket?
[ 04:40 ] - BOP policies are primarily on-premises forms, but a small amount of coverage exists for Off-Premises Coverage for property in the course of transit or at a premises the insured does not own, lease, or operate.
[ 06:24 ] - The highway is probably not a "premises." As for whether a van can be a premises, that might be a topic for a future episode.
[ 07:30 ] - The tools were not intended to be removed and left at the job site, so they would likely not be considered in transit.
[ 09:30 ] - Dishonest or criminal acts are excluded, and arguably it is not necessary to wait for a criminal conviction to qualify as a "criminal act."
[ 12:00 ] - If the driver was under the influence and another car swerved into its lane, one could argue that the accident would have happened anyway. In this case, if the influence of drugs is proven, it likely caused the loss.
[ 13:35 ] - The dishonest or criminal acts exclusion does not apply to "acts of destruction." There is no intent here so it's unlikely, but the case law is limited.
[ 16:00 ] - Tim provides a recap of the scenario and the points above.
Your PLRB Resources
Annotation: BP34 - Personal Property Off Premises - https://www.plrb.org/documents/bp34-personal-property-off-premises/?search=%22In%20Transit%22%20coverage%20in%20the%20BP%2000%2003%2007%2013
Coverage Question: In Transit; Stop For Gas Does Not Mean That Money Was Not In Transit At Time Of Loss - https://www.plrb.org/documents/in-transit-stop-for-gas-does-not-mean-that-money-was-not-in-transit-at-time-of-loss-pcq-2022-08-18-jem-b/?search=%22In%20Transit%22%20coverage%20in%20the%20BP%2000%2003%2007%2013
Recorded Webinar: Product Liability Cases Involving Emerging Risks: Vaping/Marijuana/Toxic Torts - https://www.plrb.org/courses/marijuana-cannabis-hemp-drugs/lessons/product-liability-cases-involving-emerging-risks-vaping-marijuana-toxic-torts/
Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.
Subscribe to this Podcast
Your Podcast App - Please subscribe and rate us on your favorite podcast app
YouTube - Please like and subscribe at @plrb
LinkedIN - Please follow at "Property and Liability Resource Bureau"
Send us your Scenario!
Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to [email protected].
Sponsorship
PLRB thanks Alacrity Solutions for its Diamond Sponsorship of the 2025 Claims Conference. "Insurance Claims Made Easy — Streamlined claims, repairs & recovery services built for speed. Trusted nationwide partner for insurance carriers & policyholders." Visit alacritysolutions.com!
Legal Information
The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.
Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).
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By PLRB
4.8
66 ratings
A plumber drove the company truck the wrong way on a busy highway for some time before he realized, panicked, swerved, and flipped the truck. Police believe he was on illegal drugs, although he disputes it. His employer claims equipment damage under their BOP policy.
Notable Timestamps
[ 00:25 ] - The plumber (the business) is now making a claim under their businessowners policy, BP 00 03 07 13, for the $50,000 worth of plumbing equipment and parts damaged in the accident.
[ 01:45 ] - This episode was filmed at the 2025 PLRB Claims Conference in Indianapolis, right in the middle of the Expo hall at the PLRB booth!
[ 04:00 ] - The BOP: The hottest dance craze, or finally a policy too large for a pocket?
[ 04:40 ] - BOP policies are primarily on-premises forms, but a small amount of coverage exists for Off-Premises Coverage for property in the course of transit or at a premises the insured does not own, lease, or operate.
[ 06:24 ] - The highway is probably not a "premises." As for whether a van can be a premises, that might be a topic for a future episode.
[ 07:30 ] - The tools were not intended to be removed and left at the job site, so they would likely not be considered in transit.
[ 09:30 ] - Dishonest or criminal acts are excluded, and arguably it is not necessary to wait for a criminal conviction to qualify as a "criminal act."
[ 12:00 ] - If the driver was under the influence and another car swerved into its lane, one could argue that the accident would have happened anyway. In this case, if the influence of drugs is proven, it likely caused the loss.
[ 13:35 ] - The dishonest or criminal acts exclusion does not apply to "acts of destruction." There is no intent here so it's unlikely, but the case law is limited.
[ 16:00 ] - Tim provides a recap of the scenario and the points above.
Your PLRB Resources
Annotation: BP34 - Personal Property Off Premises - https://www.plrb.org/documents/bp34-personal-property-off-premises/?search=%22In%20Transit%22%20coverage%20in%20the%20BP%2000%2003%2007%2013
Coverage Question: In Transit; Stop For Gas Does Not Mean That Money Was Not In Transit At Time Of Loss - https://www.plrb.org/documents/in-transit-stop-for-gas-does-not-mean-that-money-was-not-in-transit-at-time-of-loss-pcq-2022-08-18-jem-b/?search=%22In%20Transit%22%20coverage%20in%20the%20BP%2000%2003%2007%2013
Recorded Webinar: Product Liability Cases Involving Emerging Risks: Vaping/Marijuana/Toxic Torts - https://www.plrb.org/courses/marijuana-cannabis-hemp-drugs/lessons/product-liability-cases-involving-emerging-risks-vaping-marijuana-toxic-torts/
Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.
Subscribe to this Podcast
Your Podcast App - Please subscribe and rate us on your favorite podcast app
YouTube - Please like and subscribe at @plrb
LinkedIN - Please follow at "Property and Liability Resource Bureau"
Send us your Scenario!
Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to [email protected].
Sponsorship
PLRB thanks Alacrity Solutions for its Diamond Sponsorship of the 2025 Claims Conference. "Insurance Claims Made Easy — Streamlined claims, repairs & recovery services built for speed. Trusted nationwide partner for insurance carriers & policyholders." Visit alacritysolutions.com!
Legal Information
The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.
Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).