Up In Smoke: Homeowners Policy's Theft Coverage DOES NOT Apply to Seized Marijuana Plants

So you think you’ve had a bad day? On August 10, 2007, police produced a warrant to search a house and seized 12, seven-foot-tall marijuana plants, along with freezer bags containing approximately five ounces of marijuana worth an estimated $98,000! Ouch! Shortly after the police raid, the insured submitted a homeowners insurance claim stating that the marijuana was stolen by the police, asserting that his insurance policy covered against various named perils, including “theft”, including theft of “trees, shrubs and other plants”. It is no surprise that the insurance company involved denied this claim and ended up in civil court with the homeowner. The Court of Appeal reasoned that the act of “theft” required a criminal intent to steal or permanently deprive the homeowner of his property. Since the officers’ taking of the marijuana was pursuant to a search warrant, which gave the officers the right to take it, there was no criminal character to the taking. Do you think Cheech and Chong would’ve filed this suit and won???? Would you have the nerve to file a claim with your insurance company? And better yet….do you think this guy is still actually insurable??? C’Mon Man!!