Commercial Theft & Burglary claims · № 18 of 18
A commercial theft claim is decided by what you can prove was there
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A break-in at a business produces two losses that are handled in very different ways. The first is the damage done getting in and out — a pried storefront, a cut roll-up door, a smashed display case, an alarm panel torn off the wall. That part can be photographed, measured and priced by any contractor. The second is what left with the thieves: stock, tools, equipment, computers, copper, a delivery van’s worth of pallets. That part cannot be photographed at all, because it is no longer there. It has to be rebuilt from purchase invoices, point-of-sale data, the last physical count, serial-number lists and bank records — and on a commercial claim the carrier expects that reconstruction to be precise, because stock and equipment are usually the larger number on the file.
The commercial property form also reads differently from the homeowners policy most owners know. On the widely used ISO forms, theft is only a covered cause of loss on the Special causes-of-loss form; a building written on the Basic or Broad form generally covers the damage burglars do breaking in or out under vandalism, but not the property they carry away. Even on the Special form, theft comes with its own exclusions. Loss by a dishonest or criminal act of the insured, a partner, an officer or an employee is excluded, which is why the first question on many commercial theft files is who had keys and alarm codes. Property that is simply missing, where the only evidence is a shortage found when inventory is counted and there is no physical sign of what happened to it, is excluded as well. And money and securities are generally not covered property on the building-and-contents form at all — cash taken from a safe or a register usually belongs to a separate commercial crime policy, if one was bought.
Two more conditions decide a large share of commercial theft claims. The first is vacancy. On the standard form, if the building has been vacant for more than 60 consecutive days before the loss, theft, attempted theft and vandalism are not paid, and most other covered losses are reduced. "Vacant" has its own definition — for a tenant it turns on whether the space still holds enough business property to carry on customary operations; for an owner leasing space it turns on how much of the rentable floor area is rented or in use — and a building between tenants, mid-renovation or closed for the season can fall on either side of the line. The second is the theft limitation: many forms carry a per-occurrence cap on theft of categories such as jewelry and watches, precious metals, furs, and patterns, dies and molds, which matters a great deal to a jeweler, a machine shop or a manufacturer and is easy to miss until the claim is presented.
The work on this claim is therefore mostly an accounting job carried out quickly. The police report is filed and its number goes on every document, as the policy conditions require. The forced-entry damage is photographed before the board-up crew arrives, because that damage is also the physical evidence that separates a burglary from an inventory shortage. The stolen-property schedule is built line by line from your own records — the last count, receiving logs, invoices, serial numbers, the sales that left stock on the shelf after that count — and valued on the basis your declarations actually provide, which for stock and equipment is not always replacement cost. Where the theft shut the business down or slowed it, the business income side is opened at the same time rather than after. For the homeowner version of this loss, see our vandalism and theft claims page and the guide to special limits and proof of ownership.
What the damage looks like
- A forced door, cut lock, broken storefront glass or roll-up door pried at the track, with stock, tools or equipment missing inside
- Copper, wiring, HVAC condensers or rooftop units stripped from a commercial building, often with far more damage than the scrap was worth
- Stock, tools or materials stolen from a warehouse, a job trailer or a fenced yard at the insured location
- Point-of-sale terminals, computers, servers or specialty equipment taken, leaving the business unable to trade
- Vandalism after the break-in: graffiti, smashed fixtures, flooded restrooms, sprinklers or alarms deliberately damaged
- A building between tenants, under renovation or seasonally closed that was entered while nobody was there
What carriers routinely leave out
- The damage done getting in and out — doors, frames, glazing, locks, roofing and alarm equipment — which is often larger than the stolen property on copper and equipment thefts, and is claimed separately from the contents
- Stolen stock valued at cost when the policy provides selling price for goods already sold but not yet delivered, or valued on actual cash value when a replacement-cost option was bought
- Tenant improvements and betterments: the fit-out a tenant paid for, which may belong on the tenant’s policy rather than the landlord’s and is routinely claimed by neither
- Business income and extra expense for the days the business could not trade or traded short — rushed replacement equipment, temporary locks and security guards, overtime to reopen
- Property of others in your care — customer goods awaiting repair or pickup — which some forms cover as an extension with its own limit
- Board-up, emergency glazing and temporary security, which are reasonable steps to protect the property from further loss and are part of the claim, not an overhead you absorb
Every item on this list is money. Our job is making sure each one is documented, valued and in the claim.
Highly recommended. State Adjusting Services did an amazing job with my claim. Thank you.
Commercial Theft & Burglary questions, answered
The insurer says our stock loss is an "inventory shortage" and excluded. What does that mean?
On the widely used commercial forms, property that is simply missing — where the only evidence is a shortfall found on counting stock and nothing physical shows what happened to it — is excluded. That exclusion is aimed at shrinkage, not burglary. Where there is forced entry, a police report, alarm or camera records, and a count taken shortly before the theft, the loss is not an unexplained shortage, and the file should be built to show that link. The exclusion does not mean you cannot use inventory records to value a theft; it means the records cannot be the only evidence that a theft occurred.
We think an employee was involved. Is there still coverage?
Usually not on the property policy. The standard commercial forms exclude loss caused by a dishonest or criminal act of the insured, partners, officers, directors or employees, whether acting alone or with others. Employee theft is the business of a commercial crime policy or an employee dishonesty endorsement, and whether you carry one is worth checking on your declarations before anything else is said to the carrier. Keep in mind that suspicion is not a finding: until the facts are known, the claim should be documented as the break-in it appears to be.
Cash was taken from the safe along with equipment. Is the cash covered?
Often not under the building-and-contents part of the policy, which on the standard forms lists money and securities as property not covered. Cash, checks and securities are usually covered — if at all — by a separate commercial crime coverage or a money-and-securities endorsement with its own limits, conditions and reporting requirements. The equipment, the safe itself and the damage done opening it are handled on the property side. Two coverages, two sets of paperwork, one incident; they should be reported together so neither deadline is missed.
Our building was empty between tenants when it was broken into. Does that end the claim?
Not automatically. The standard vacancy condition removes theft and vandalism coverage when the building has been vacant for more than 60 consecutive days before the loss, and the definition of vacant is specific — it depends on whether you are the tenant or the owner, how much of the space was rented or in use, and whether business property was still in it. Renovation, partial occupancy, a signed lease and the date the last tenant actually moved out all bear on it. Some policies also carry a vacancy permit endorsement. Establishing those facts accurately and early matters more than any argument made after a denial; our guide to vacant and unoccupied property claims covers the definitions.
The carrier wants a sworn proof of loss and our records within 60 days. What should be in the file?
The police report and case number; photographs of the forced entry and the damage before repairs; a stolen-property schedule with description, quantity, purchase date, cost and serial number for each item; the most recent physical count and the receiving and sales activity since; invoices and bank or card statements supporting the purchases; and repair estimates for the building damage. Deadlines in the policy conditions are real and should be diarized from the date of the request. We are licensed Illinois public adjusters, not attorneys: our role is to assemble and present that file and negotiate the amount of the loss. The sworn proof of loss guide explains what the form commits you to.
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